(b) The Administrator of Veterans' Affairs, or the administrator's successor, shall
be an interested party in the administration of the estate of any ward or conserved person
on whose account the benefits are payable or whose estate includes assets derived from
benefits paid by the Veterans' Administration, its predecessor or successor.

(c) Written notice shall be given by regular mail, unless waived in writing, to the
division of the office of the Veterans' Administration having jurisdiction over the area
in which the court is located, of the time and place for a hearing on any petition or
pleading or in connection with any proceeding pertaining to or affecting in any manner
the administration of the estate of any beneficiary of the Veterans' Administration.
Notice shall be mailed in time to reach such office not less than ten days before the date
of the hearing or other proceeding.

Sec. 45a-595. (Formerly Sec. 45-59). Investment of funds in insurance and annuity contracts by conservator or guardian of estate. Upon application of a conservator or the guardian of the estate of a ward, conserved person or other incapable person,
the Court of Probate may authorize the conservator or guardian to invest income or
principal of the estate, to the extent found reasonable by the court under all the circumstances, in one or more policies of life or endowment insurance or one or more annuity
contracts issued by a life insurance company authorized to conduct business in this state,
on the life of the ward, conserved person or incapable person, or on the life of a person
in whose life the ward, conserved person or incapable person has an insurable interest.
Any such policy or contract shall be the sole property of the ward, conserved person or
incapable person whose funds are invested in it.

PART II
GUARDIANS OF THE PERSON OF A MINOR

Sec. 45a-607. (Formerly Sec. 45-44). Temporary custody of minor pending
application to probate court for removal of guardian or termination of parental
rights. (a) When application has been made for the removal of one or both parents as
guardians or of any other guardian of the person of a minor child, or when an application
has been made for the termination of the parental rights of any parties who may have
parental rights with regard to any minor child, or when, in any proceeding the court has
reasonable grounds to believe that any minor child has no guardian of his or her person,
the court of probate in which the proceeding is pending may issue an order awarding
temporary custody of the minor child to a person other than the parent or guardian, with
or without the parent's or guardian's consent, but such order may only be issued in
accordance with the provisions of this section.

(b) In the case of a minor child in the custody of the parent or other guardian, no
application for custody of such minor child may be granted ex parte, except in accordance
with subdivision (2) of this subsection. In the case of a minor child in the custody of a
person other than the parent or guardian, no application for custody may be granted ex
parte, except in accordance with subdivisions (1) to (3), inclusive, of this subsection.

(1) An application for immediate temporary custody shall be accompanied by an
affidavit made by the custodian of such minor child under penalty of false statement,
stating the circumstances under which such custody was obtained, the length of time
the affiant has had custody and specific facts which would justify the conclusion that
determination cannot await the hearing required by subsection (c) of this section. Upon
such application, the court may grant immediate temporary custody to the affiant or
some other suitable person if the court finds that: (A) The minor child was not taken or
kept from the parent, parents or guardian, and (B) there is a substantial likelihood that
the minor child will be removed from the jurisdiction prior to a hearing under subsection
(c) of this section, or (C) to return the minor child to the parent, parents or guardian
would place the minor child in circumstances which would result in serious physical
illness or injury, or the threat thereof, or imminent physical danger prior to a hearing
under subsection (c) of this section.

(2) In the case of a minor child who is hospitalized as a result of serious physical
illness or serious physical injury, an application for immediate temporary custody shall
contain a certificate signed by two physicians licensed to practice medicine in this state
stating that (A) the minor child is in need of immediate medical or surgical treatment,
the delay of which would be life threatening, (B) the parent, parents or guardian of the
minor child refuses or is unable to consent to such treatment, and (C) determination of
the need for temporary custody cannot await notice of hearing. Upon such application,
the court may grant immediate temporary custody to some suitable person if it finds
that (i) a minor child has suffered from serious physical illness or serious physical injury
and is in need of immediate medical or surgical treatment, (ii) the parent, parents or
guardian refuses to consent to such treatment, and (iii) to delay such treatment would
be life threatening.

(3) If an order of temporary custody is issued ex parte, notice of the hearing required
by subsection (c) of this section shall be given promptly, and the hearing shall be held
within five business days of the date of such ex parte order of temporary custody, provided the respondent shall be entitled to continuance upon request. Upon the issuance
of an order granting temporary custody of the minor child to the Commissioner of Children and Families, or not later than sixty days after the issuance of such order, the court
shall make a determination whether the Department of Children and Families made
reasonable efforts to keep the minor child with his or her parent, parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such
reasonable efforts were not possible, taking into consideration the minor child's best
interests, including the minor child's health and safety. Upon issuance of an ex parte
order of temporary custody, the court shall promptly notify the Commissioner of Children and Families, who shall cause an investigation to be made forthwith, in accordance
with section 17a-101g, and shall present the commissioner's report to the court at the
hearing on the application for temporary custody. The hearing on an ex parte order of
temporary custody shall not be postponed, except with the consent of the respondent,
or, if notice cannot be given as required by this section, a postponement may be ordered
by the court for the purpose of a further order of notice.

(c) Except as provided in subsection (b) of this section, upon receipt of an application for temporary custody under this section, the court shall promptly set the time and
place for a hearing to be held on such application. The court shall order notice of the
hearing on temporary custody to be given, at least five days prior to the date of the
hearing, to the Commissioner of Children and Families by first class mail and to both
parents and to the minor child, if over twelve years of age, by personal service or service
at the parent's usual place of abode or the minor's usual place of abode, as the case may
be, in accordance with section 52-50, except that in lieu of personal service on, or service
at the usual place of abode of, a parent or the father of a minor child born out of wedlock
who is either an applicant or who signs under penalty of false statement a written waiver
of such service on a form provided by the Probate Court Administrator, the court may
order notice to be given by first class mail at least five days prior to the date of the hearing.
If the whereabouts of the parents are unknown, or if such delivery cannot reasonably be
effected, then notice shall be ordered to be given by publication. Such notice may be
combined with the notice under section 45a-609 or with the notice required under section
45a-716. If the parents are not residents of the state or are absent from the state, the
court shall order notice to be given by first class mail at least five days prior to the date
of the hearing. If the whereabouts of the parents are unknown, or if delivery cannot
reasonably be effected, the court may order notice to be given by publication. Any notice
by publication under this subsection shall be in a newspaper which has a circulation at
the last-known place of residence of the parents. In either case, such notice shall be
given at least five days prior to the date of the hearing, except in the case of notice of
a hearing on immediate temporary custody under subsection (b) of this section. If the
applicant alleges that the whereabouts of a respondent are unknown, such allegation
shall be made under penalty of false statement and shall also state the last-known address
of the respondent and the efforts which have been made by the applicant to obtain a
current address. The applicant shall have the burden of ascertaining the names and
addresses of all parties in interest and of proving to the satisfaction of the court that the
applicant used all proper diligence to discover such names and addresses. Except in the
case of newspaper notice, such notice shall include: (1) The time and place of the hearing,
(2) a copy of the application for removal or application for termination of parental rights,
(3) a copy of the motion for temporary custody, (4) any affidavit or verified petition
filed with the motion for temporary custody, (5) any other documents filed by the applicant, (6) any other orders or notices made by the court of probate, and (7) any request
for investigation by the Department of Children and Families or any other person or
agency. Such notice shall also inform the respondent of the right to have an attorney
represent the respondent and, if the respondent is unable to obtain or pay for an attorney,
the respondent may request the court of probate to appoint an attorney to represent the
respondent. Newspaper notice shall include such facts as the court may direct.

(d) If, after hearing, the court finds by a fair preponderance of the evidence (1) that
the parent or other guardian has performed acts of omission or commission as set forth
in section 45a-610, and (2) that, because of such acts, the minor child is suffering from
serious physical illness or serious physical injury, or the immediate threat thereof, or is
in immediate physical danger, so as to require that temporary custody be granted, the
court may order the custody of the minor child to be given to one of the following, taking
into consideration the standards set forth in section 45a-617: (A) The Commissioner of
Children and Families; (B) the board of managers of any child-caring institution or
organization; (C) any children's home or similar institution licensed or approved by the
Commissioner of Children and Families; or (D) any other person. The fact that an order
of temporary custody may have been issued ex parte under subsection (b) of this section
shall be of no weight in a hearing held under this subsection. The burden of proof shall
remain upon the applicant to establish the applicant's case. The court may issue the
order without taking into consideration the standards set forth in this section and section
45a-610 if the parent or other guardian consents to the temporary removal of the minor
child, or the court finds that the minor child has no guardian of his or her person. Upon
the issuance of an order giving custody of the minor child to the Commissioner of
Children and Families, or not later than sixty days after the issuance of such order, the
court shall make a determination whether the Department of Children and Families
made reasonable efforts to keep the minor child with his or her parent, parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such
reasonable efforts were not possible, taking into consideration the minor child's best
interests, including the minor child's health and safety.

(e) Such order for temporary custody shall be effective until disposition of the application for removal of parents or guardians as guardian or for termination of parental
rights or until a guardian is appointed for a minor child who has no guardian, unless
modified or terminated by the court of probate. Any respondent, temporary custodian
or attorney for the minor child may petition the court of probate issuing such order at
any time for modification or revocation thereof, and such court shall set a hearing upon
receipt of such petition in the same manner as subsection (c) of this section. If the court
finds after such hearing that the conditions upon which it based its order for temporary
custody no longer exist, and that the conditions set forth in subsection (b) of this section
do not exist, then the order shall be revoked and the minor child shall be returned to the
custody of the parent or guardian.

(f) A copy of any order issued under this section shall be mailed immediately to
the last known address of the parent or other guardian from whose custody the minor
child has been removed.

History: 1963 act authorized court to enforce order by warrant to proper officer "commanding him to take possession
of the child and to deliver such child into the custody of the person, board, home or institution designated by said order";
P.A. 74-164 specified that provisions apply in cases where application has been made to terminate parental rights and
described custodial institutions simply as those licensed or approved by welfare commissioner deleting reference to their
incorporation by act of general assembly or organization under laws relating to corporations without capital stock, "whose
objects and purposes are charitable"; P.A. 75-420 replaced welfare commissioner with commissioner of social services;
P.A. 77-21 specified applicability of provisions in cases where court has reasonable grounds to believe that a minor child
has no guardian of his person; P.A. 77-614 replaced social services commissioner with commissioner of human resources,
effective January 1, 1979; P.A. 79-460 divided section into Subsecs., added provisions detailing grounds for issuance of
order awarding temporary custody, replaced commissioner of human resources with commissioner of children and youth
services, deleted previous provisions re court orders and added new provisions incorporated as Subsecs. (c) and (d); P.A.
83-481 deleted former Subsec. (c) and added provisions of Subsecs. (b) to (e), inclusive, re applications for temporary
custody and ex parte issuance of order of temporary custody; P.A. 84-294 amended Subsec. (a) by deleting provision re
restrictions on awarding temporary custody to person other than parent or guardian and added "but such order may only
be issued in accordance with the provisions of this section", amended Subsec. (b)(3) by changing "immediately" to
"promptly" and adding provision permitting postponement to be ordered by the court for the purpose of a further order of
notice, amended Subsec. (c) by adding exception to notice requirement in the case of hearing on immediate temporary
custody under Subsec. (b) of section, and amended Subsec. (e) by adding provision re duration of effectiveness of order
of temporary custody until guardian is appointed for child who has no guardian; P.A. 86-264 amended Subsec. (c) by
changing age of minor from 14 to 12 years of age, permitting notice by certified mail, return receipt requested, to parent
or father of child born out of wedlock who is petitioner or who waives personal service, requiring notice by certified mail,
return receipt requested, to parents who are nonresidents or absent from the state and permitting notice by publication if
delivery by certified mail cannot be reasonably effected; Sec. 45-44 transferred to Sec. 45a-607 in 1991; P.A. 93-91
substituted commissioner and department of children and families for commissioner and department of children and youth
services, effective July 1, 1993; (Revisor's note: In 1995 the indicators (1), (2), (3) and (4) in Subsec. (d)(2) were changed
editorially by the Revisors to (A), (B), (C) and (D) respectively for consistency with statutory usage); P.A. 96-246 amended
Subsec. (b)(3) by replacing reference to Sec. 17a-101 with Sec. 17a-101g; P.A. 99-84 amended Subsec. (c) by deleting
"oath" and inserting "penalty of false statement"; P.A. 00-75 amended Subsec. (c) by adding provision requiring notice
of hearing to the Commissioner of Children and Families by regular mail; May 9 Sp. Sess. P.A. 02-7 amended Subsec.
(b)(3) to add provision requiring the court upon issuance of an order granting temporary custody of the minor child to the
Commissioner of Children and Families, or not later than 60 days thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the minor child with his or her parent, parents or guardian
prior to the issuance of such order and, if such efforts were not made, whether such reasonable efforts were not possible
considering the best interests of the minor child, amended Subsec. (d) to add provision requiring the court upon issuance
of an order giving custody of the minor child to the Commissioner of Children and Families, or not later than 60 days
thereafter, to make a determination whether the Department of Children and Families made reasonable efforts to keep the
minor child with his or her parent, parents or guardian prior to the issuance of such order and, if such efforts were not
made, whether such reasonable efforts were not possible considering the best interests of the minor child, and made technical
changes throughout section, effective August 15, 2002; P.A. 07-184 amended Subsec. (c) to substitute "first class mail"
for "regular mail" and "certified mail", rewrite provisions re service and make technical changes.

(b) The court shall order notice of the hearing to be given, at least ten days before
the date of the hearing, to the Commissioner of Children and Families by first class mail
and to both parents and to the minor, if over twelve years of age, by personal service
or service at the parent's usual place of abode or the minor's usual place of abode, as
the case may be, in accordance with section 52-50, except that in lieu of personal service
on, or service at the usual place of abode of, a parent or the father of a child born out
of wedlock who is either a petitioner or who signs under oath a written waiver of such
service on a form provided by the Probate Court Administrator, the court may order
notice to be given by first class mail at least ten days prior to the date of the hearing. If
such delivery cannot reasonably be effected, then notice shall be ordered to be given
by publication. If the parents reside out of or are absent from the state, the court shall
order notice to be given by first class mail at least ten days prior to the date of the hearing.
If the whereabouts of the parents are unknown, or if delivery cannot reasonably be
effected, the court may order notice to be given by publication. Any notice by publication
under this subsection shall be in a newspaper which has a circulation at the parents'
last-known place of residence. In either case, such notice shall be given at least ten
days before the date of the hearing. If the applicant alleges that the whereabouts of a
respondent are unknown, such allegation shall be made under penalty of false statement
and shall also state the last-known address of the respondent and the efforts which have
been made by the applicant to obtain a current address. The applicant shall have the
burden of ascertaining the names and addresses of all parties in interest and of proving
to the satisfaction of the court that the applicant used all proper diligence to discover
such names and addresses. Except in the case of newspaper notice, the notice of hearing
shall include the following: (1) The notice of hearing, (2) the application for removal
of parent as guardian, (3) any supporting documents and affidavits filed with such application, (4) any other orders or notices made by the Court of Probate, and (5) any request
for investigation by the Department of Children and Families or any other person or
agency. Such notice shall also inform the respondent of the right to have an attorney
represent the respondent in the matter, and if the respondent is unable to obtain or to
pay an attorney, the respondent may request the Court of Probate to appoint an attorney
to represent the respondent. Newspaper notice shall include such facts as the court may
direct.

(c) If a parent is over eighteen years of age he or she may sign and file a written
waiver of notice with the court.

(d) Upon finding at the hearing or at any time during the pendency of the proceeding
that reasonable cause exists to warrant an examination, the court, on its own motion or
on motion by any party, may order the child to be examined at a suitable place by a
physician, psychiatrist or licensed clinical psychologist appointed by the court. The
court may also order examination of a parent or custodian whose competency or ability
to care for a child before the court is at issue. The expenses of any examination, if ordered
by the court on its own motion, shall be paid for by the applicant, or if ordered on motion
by a party, shall be paid for by the party moving for such an examination. If such applicant
or party is unable to pay the expense of any such examination, it shall be paid from the
Probate Court Administration Fund, or, if the matter has been removed to the Superior
Court, from funds appropriated to the Judicial Department.

History: P.A. 83-481 amended Subsec. (b) by adding provisions re personal service in accordance with Sec. 52-50 and
notice of hearing; P.A. 86-264 amended Subsec. (b) by changing age of minor from 14 to 12 years of age, permitting notice
by certified mail, return receipt requested, to parent or father of child born out of wedlock who is petitioner or who waives
personal service, requiring notice by certified mail, return receipt requested, to parents who are nonresidents or absent
from the state and permitting notice by publication if notice by certified mail cannot be reasonably effected; Sec. 45-44b
transferred to Sec. 45a-609 in 1991; P.A. 93-91 substituted commissioner and department of children and families for
commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-202 added Subsec. (d) re
order of examination of child and parent and payment of such examination; P.A. 99-84 amended Subsec. (b) by deleting
"oath" and inserting "penalty of false statement"; P.A. 00-75 amended Subsec. (b) by adding provision requiring notice
of hearing to the Commissioner of Children and Families by regular mail; P.A. 07-184 amended Subsec. (b) to substitute
"first class mail" for "regular mail" and "certified mail", rewrite provisions re service, substitute "date" of hearing for
"time" of hearing and make technical changes.

(b) If any minor has a parent or guardian, who is the sole guardian of the person of
the child, the court of probate for the district in which the minor resides may, on the
application of the parent or guardian of such child or of the Commissioner of Children
and Families with the consent of such parent or guardian and with regard to a child
within the care of the commissioner, appoint one or more persons to serve as coguardians
of the child. When appointing a guardian or guardians under this subsection, the court
shall take into consideration the standards provided in section 45a-617. The court may
order that the appointment of a guardian or guardians under this subsection take effect
immediately or, upon request of the parent or guardian, upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of that parent or guardian. Upon the occurrence of such contingency and
notice thereof by written affidavit to the probate court by the appointed guardian or
guardians, such appointment shall then take effect and continue until the further order
of the court, provided the court may hold a hearing to verify the occurrence of such
contingency. The court shall take of such guardian or coguardians a written acceptance
of guardianship, and if the court deems it necessary for the protection of the minor, a
probate bond.

(c) Upon receipt by the court of an application pursuant to this section, the court
shall set a time and place for a hearing to be held within thirty days of the application,
unless the court requests an investigation in accordance with the provisions of section
45a-619, in which case the court shall set a day for hearing not more than thirty days
following receipt of the results of the investigation. The court shall order notice of the
hearing to be given to the minor, if over twelve years of age, by first class mail at least
ten days prior to the date of the hearing. In addition, notice by first class mail shall be
given to the petitioner and all other parties in interest known by the court.

(d) The rights and obligations of the guardian or coguardians shall be those described in subdivisions (5) and (6) of section 45a-604 and shall be shared with the parent
or previously appointed guardian of the person of the minor. The rights and obligations
of guardianship may be exercised independently by those who have such rights and
obligations. In the event of a dispute between guardians or between a coguardian and
a parent, the matter may be submitted to the court of probate which appointed the guardian or coguardian.

(e) Upon the death of the parent or guardian, any appointed guardians of the person
of a minor child shall become the sole guardians or coguardians of the person of that
minor child.

History: 1971 act excepted welfare commissioner from bond requirement; P.A. 74-251 applied exception re bond
requirement to commissioner of children and youth services after April 1, 1975; P.A. 75-420 replaced welfare commissioner
with commissioner of social services; P.A. 77-614 and P.A. 78-303 would have replaced social services commissioner
with commissioner of human resources but for limiting date reference; P.A. 79-460 incorporated previous provisions as
Subsecs. (a) and (c), applied provisions to minors rather than to children under 14, required consideration of standards in
Sec. 45-45b in appointing guardian, deleted previous provision requiring that guardian post bond and inserted Subsec. (b);
P.A. 80-227 required guardian's written acceptance of guardianship and authorized court to require a probate bond, effective
July 1, 1981; P.A. 86-200 included references to coguardians; P.A. 86-264 changed age of minor from 14 to 12 years of
age; Sec. 45-45 transferred to Sec. 45a-616 in 1991; P.A. 96-238 deleted provision requiring court to take into consideration
the minor's wishes, if he or she is over the age of 12, deleted provision requiring the guardian or coguardian to have the
same right to custody and control which the sole surviving parent of a minor has and substituted a procedure for the court
of probate to appoint one or more persons to serve as coguardians of the child, effective July 1, 1996; P.A. 07-184 amended
Subsec. (c) to substitute "first class mail" for "regular mail" and "certified mail" and delete "return receipt requested,
deliverable to the addressee only".

PART IV
CONSERVATORS

(a) "Conservator of the estate" means a person, a municipal or state official, or a
private profit or nonprofit corporation except a hospital or nursing home as defined in
section 19a-521, appointed by the Court of Probate under the provisions of sections
45a-644 to 45a-663, inclusive, to supervise the financial affairs of a person found to be
incapable of managing his or her own affairs or of a person who voluntarily asks the
Court of Probate for the appointment of a conservator of the estate, and includes a
temporary conservator of the estate appointed under the provisions of section 45a-654.

(b) "Conservator of the person" means a person, a municipal or state official, or a
private profit or nonprofit corporation, except a hospital or nursing home as defined in
section 19a-521, appointed by the Court of Probate under the provisions of sections
45a-644 to 45a-663, inclusive, to supervise the personal affairs of a person found to be
incapable of caring for himself or herself or of a person who voluntarily asks the Court
of Probate for the appointment of a conservator of the person, and includes a temporary
conservator of the person appointed under the provisions of section 45a-654.

(c) "Incapable of caring for one's self" or "incapable of caring for himself or herself"
means that a person has a mental, emotional or physical condition that results in such
person being unable to receive and evaluate information or make or communicate decisions to such an extent that the person is unable, even with appropriate assistance, to
meet essential requirements for personal needs.

(d) "Incapable of managing his or her affairs" means that a person has a mental,
emotional or physical condition that results in such person being unable to receive and
evaluate information or make or communicate decisions to such an extent that the person
is unable, even with appropriate assistance, to perform the functions inherent in managing his or her affairs, and the person has property that will be wasted or dissipated unless
adequate property management is provided, or that funds are needed for the support,
care or welfare of the person or those entitled to be supported by the person and that
the person is unable to take the necessary steps to obtain or provide funds needed for
the support, care or welfare of the person or those entitled to be supported by the person.

(e) "Involuntary representation" means the appointment of a conservator of the
person or a conservator of the estate, or both, after a finding by the Court of Probate
that the respondent is incapable of managing his or her affairs or incapable of caring
for himself or herself.

(f) "Respondent" means an adult person for whom an application for involuntary
representation has been filed or an adult person who has requested voluntary representation.

(g) "Voluntary representation" means the appointment of a conservator of the person or a conservator of the estate, or both, upon request of the respondent, without a
finding that the respondent is incapable of managing his or her affairs or incapable of
caring for himself or herself.

(k) "Least restrictive means of intervention" means intervention for a conserved
person that is sufficient to provide, within the resources available to the conserved person
either from the conserved person's own estate or from private or public assistance,
for a conserved person's personal needs or property management while affording the
conserved person the greatest amount of independence and self-determination.

History: P.A. 80-476 reordered Subdivs. to place terms in alphabetical order; P.A. 84-271 amended the definitions of
"conservator of the estate" and "conservator of the person" to include a "municipal" official, deleting the requirement that
a state official be "legally authorized", and to include a temporary conservator appointed under Sec. 45-72; Sec. 45-70a
transferred to Sec. 45a-644 in 1991; P.A. 93-184 amended Subsecs. (c) and (d) by deleting references to "advanced age";
P.A. 05-154 amended Subsec. (c) to define "incapable of caring for himself or herself"; P.A. 07-116 substituted "45a-663"
for "45a-662", redefined "incapable of caring for one's self" and "incapable of managing his or her affairs", substituted
"conserved person" for "ward", defined "personal needs", "property management" and "least restrictive means of intervention", and made technical changes.

Sec. 45a-645. (Formerly Sec. 45-70). Naming of own conservator for future
incapacity. (a) Any person who has attained at least eighteen years of age, and who is
of sound mind, may designate in writing a person or persons whom he or she desires to
be appointed as conservator of his or her person or estate or both, if he or she is thereafter
found to be incapable of managing his or her affairs or incapable of caring for himself
or herself.

(b) The designation shall be executed, witnessed and revoked in the same manner
as provided for wills in sections 45a-251 and 45a-257, except that any person who is
so designated as a conservator shall not qualify as a witness.

(c) Such written instrument may excuse the person or persons so designated from
giving the probate bond required under the provisions of section 45a-650, if appointed
thereafter as a conservator.

History: 1965 act authorized board of directors of charitable organization to make application and specified conservatorship as charge of person and/or estate where previously was charge of person and estate; 1969 acts replaced welfare
commissioner with commissioner of finance and control; P.A. 73-34 added exception re Sec. 45-75; P.A. 75-128 inserted
new Subsec. (a), made previous provisions Subsec. (b) and added proviso re appointment of conservator designated by
incompetent person, the procedure for which is in new Subsec.; P.A. 77-446 deleted Subsec. (b) re procedure for appointing
conservator and divided former Subsec. (a) into Subsecs. (a) to (c), but see Sec. 45-70d for replacement provisions re
appointment of conservator; P.A. 77-614 would have replaced commissioner of finance and control with commissioner
of administrative services in former Subsec. (b) but had no effect because of deletion of the Subsec. in P.A. 77-446; P.A.
80-476 made minor change in wording, substituting "The" for "Such" in Subsec. (b); Sec. 45-70 transferred to Sec. 45a-645 in 1991; P.A. 07-116 inserted "or incapable of caring for himself or herself" and made technical changes in Subsec.
(a) and amended Subsec. (b) to substitute "except that" for "provided".

Sec. 45a-645a. Recording of proceedings required. Each court of probate shall
cause a recording to be made of all proceedings held under sections 45a-644 to 45a-663, inclusive. The recording shall be part of the court record and shall be made and
retained in a manner approved by the Probate Court Administrator.

(b) An application for involuntary representation for a nondomiciliary of the state
made pursuant to subsection (a) of this section shall not be granted unless the court finds
the (1) respondent is presently located in the probate district in which the application
is filed; (2) applicant has made reasonable efforts to provide notice to individuals and
applicable agencies listed in subsection (a) of section 45a-649 concerning the respondent; (3) respondent has been provided an opportunity to return to the respondent's place
of domicile, and has been provided the financial means to return to the respondent's
place of domicile within the respondent's resources, and has declined to return, or the
applicant has made reasonable but unsuccessful efforts to return the respondent to such
respondent's place of domicile; and (4) requirements of this chapter for the appointment
of a conservator pursuant to an application for involuntary representation have been met.

(c) If, after the appointment of a conservator for a nondomiciliary of the state the
nondomiciliary becomes domiciled in this state, the provisions of this section regarding
involuntary representation of a nondomiciliary shall no longer apply.

(d) The court shall review any involuntary representation of a nondomiciliary ordered by the court pursuant to subsection (b) of this section every sixty days. Such
involuntary representation shall expire sixty days after the date such involuntary representation was ordered by the court or sixty days after the most recent review ordered by
the court, whichever is later, unless the court finds the (1) conserved person is presently
located in the state; (2) conservator has made reasonable efforts to provide notice to
individuals and applicable agencies listed in subsection (a) of section 45a-649 concerning the conserved person; (3) conserved person has been provided an opportunity to
return to the conserved person's place of domicile and has been provided the financial
means to return to the conserved person's place of domicile within the conserved person's resources, and has declined to return, or the conservator has made reasonable but
unsuccessful efforts to return the conserved person to the conserved person's place of
domicile; and (4) requirements of this chapter for the appointment of a conservator
pursuant to an application for involuntary representation have been met. As part of
its review under this subsection, the court shall receive and consider reports from the
conservator and from the attorney for the conserved person regarding the requirements
of this subsection.

(e) A person is guilty of fraudulent or malicious application or false testimony when
such person (1) wilfully files a fraudulent or malicious application for involuntary representation or appointment of a temporary conservator, (2) conspires with another person
to file or cause to be filed such an application, or (3) wilfully testifies either in court or
by report to the court falsely to the incapacity of any person in any proceeding provided
for in sections 45a-644 to 45a-663, inclusive. Fraudulent or malicious application or
false testimony is a class D felony.

History: P.A. 80-476 divided section into Subsecs. and substituted "the" for "such" where appearing in Subsec. (a);
P.A. 84-271 amended Subsec. (b) to apply to fraudulent or malicious application for appointment of a temporary conservator; Sec. 45-70b transferred to Sec. 45a-648 in 1991; P.A. 07-116 amended Subsec. (a) re filing at district where respondent
is located, inserted new Subsecs. (b), (c) and (d) re application for involuntary representation for a nondomiciliary of the
state and review of representation orders, redesignated existing Subsec. (b) as Subsec. (e) and amended same to make
malicious application or false testimony a class D felony, and made technical changes.

See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.

Sec. 45a-649. (Formerly Sec. 45-70c). Notice re application for involuntary
representation. Form of notice. Appointment of counsel. (a)(1) Upon an application
for involuntary representation, the court shall issue a citation to the following enumerated parties to appear before it at a time and place named in the citation, which shall be
served on the parties at least ten days before the hearing date, or in the case of an
application made pursuant to section 17a-543 or 17a-543a, at least seven days before
the hearing date, which date in any event shall not be more than thirty days after the
receipt of the application by the Court of Probate unless continued for cause shown.
Notice of the hearing shall be sent within thirty days after receipt of the application.

(2) The court shall direct that personal service of the citation be made, by a state
marshal, constable or an indifferent person, upon the following: The respondent and the
respondent's spouse, if any, if the spouse is not the applicant, except that in cases where
the application is for involuntary representation pursuant to section 17b-456, and there
is no spouse, the court shall order notice by certified mail to the children of the respondent
and if none, the parents of the respondent and if none, the brothers and sisters of the
respondent or their representatives, and if none, the next of kin of such respondent.

(3) The court shall order such notice as it directs to the following: (A) The applicant;
(B) the person in charge of welfare in the town where the respondent is domiciled or
resident and, if there is no such person, the first selectman or chief executive officer of
the town if the respondent is receiving assistance from the town; (C) the Commissioner
of Social Services, if the respondent is in a state-operated institution or receiving aid,
care or assistance from the state; (D) the Commissioner of Veterans' Affairs if the
respondent is receiving veterans' benefits or the Veterans' Home, or both, if the respondent is receiving aid or care from such home, or both; (E) the Commissioner of Administrative Services, if the respondent is receiving aid or care from the state; (F) the children
of the respondent and if none, the parents of the respondent and if none, the brothers
and sisters of the respondent or their representatives; (G) the person in charge of the
hospital, nursing home or some other institution, if the respondent is in a hospital, nursing
home or some other institution.

(4) The court, in its discretion, may order such notice as it directs to other persons
having an interest in the respondent and to such persons the respondent requests be
notified.

(5) If personal service of the notice required in subsection (b) of this section is not
made as required in subdivision (2) of this subsection, the court shall be deprived of
jurisdiction over the application.

(b) The notice required by subdivision (2) of subsection (a) of this section shall
specify (A) the nature of involuntary representation sought and the legal consequences
thereof, (B) the facts alleged in the application, (C) the date, time and place of the
hearing, and (D) that the respondent has a right to be present at the hearing and has a
right to be represented by an attorney of the respondent's choice at the respondent's
own expense. The notice shall also include a statement in boldface type of a minimum
size of twelve points in substantially the following form:

"POSSIBLE CONSEQUENCES OF THE APPOINTMENT

OF A CONSERVATOR FOR YOU

This court has received an application to appoint a conservator for you. A conservator
is a court-appointed legal guardian who may be assigned important decision-making
authority over your affairs. If the application is granted and a conservator is appointed
for you, you will lose some of your rights.

A permanent conservator may only be appointed for you after a court hearing. You
have the right to attend the hearing on the application for appointment of a permanent
conservator. If you are not able to access the court where the hearing will be held, you
may request that the hearing be moved to a convenient location, even to your place of
residence.

You should have an attorney represent you at the hearing on the application. If you
are unable to obtain an attorney to represent you at the hearing, the court will appoint
an attorney for you. If you are unable to pay for representation by an attorney, the court
will pay attorney fees as permitted by the court's rules. Even if you qualify for payment
of an attorney on your behalf, you may choose an attorney if the attorney will accept
the attorney fees permitted by the court's rules.

If, after a hearing on the application, the court decides that you lack the ability to care
for yourself, pay your bills or otherwise manage your affairs, the court may review any
alternative plans you have to get assistance to handle your own affairs that do not require
appointment of a conservator. If the court decides that there are no adequate alternatives
to the appointment of a conservator, the court may appoint a conservator and assign the
conservator responsibility for some or all of the duties listed below. While the purpose
of a conservator is to help you, you should be aware that the appointment of a conservator
limits your rights. Among the areas that may be affected are:

- Accessing and budgeting your money

- Deciding where you live

- Making medical decisions for you

- Paying your bills

- Managing your real and personal property

You may participate in the selection of your conservator. If you have already designated a conservator or if you inform the court of your choice for a conservator, the court
must honor your request unless the court decides that the person designated by you is
not appropriate.

The conservator appointed for you may be a lawyer, a public official or someone
whom you did not know before the appointment. The conservator will be required to
make regular reports to the court about you. The conservator may charge you a fee,
under the supervision of the court, for being your conservator."

(c) Notice to all other persons required by this section shall only be required to state
that involuntary representation is sought, the nature of the involuntary representation
sought, the legal consequences of the involuntary representation and the date, time and
place of the hearing on the application for involuntary representation.

(d) If the respondent is unable to request or obtain an attorney for any reason, the
court shall appoint an attorney to represent the respondent in any proceeding under this
title involving the respondent. If the respondent is unable to pay for the services of such
attorney, the reasonable compensation for such attorney shall be established by, and
paid from funds appropriated to, the Judicial Department, except that if funds have
not been included in the budget of the Judicial Department for such purposes, such
compensation shall be established by the Probate Court Administrator and paid from
the Probate Court Administration Fund.

(e) If the respondent notifies the court in any manner that the respondent wants to
attend the hearing on the application but is unable to do so, the court shall schedule the
hearing on the application at a place that would facilitate attendance by the respondent.

History: P.A. 77-614 and P.A. 78-303 replaced commissioner of social services with commissioner of human resources,
effective January 1, 1979; P.A. 79-358 required that commissioner of administrative services be issued citation to appear
if respondent is receiving aid or care from the state; P.A. 79-501 authorized court to appoint attorney and to pay for his
services if respondent is unable to do so and added provision re contents of notice to persons other than those listed in
Subsec. (a)(1) in Subsec. (b); P.A. 80-476 reworded provisions; P.A. 81-223 amended Subsec. (a)(1) to add exception re
notice in cases where application for involuntary representation is made pursuant to Sec. 46a-20 and there is no spouse;
P.A. 83-295 amended Subsec. (b) to provide that the "reasonable compensation" for an attorney appointed to represent a
respondent who is unable to pay shall be "established by" the judicial department; P.A. 84-271 amended Subsec. (a) by
providing that the hearing date shall not be more than 30 days after receipt of the application unless continued for cause
shown, by authorizing service upon counsel for the respondent or the appointed attorney if the court finds personal service
upon the respondent would be detrimental to the respondent and by authorizing the court to order notice "to such persons
the respondent requests be notified"; P.A. 86-195 amended Subsec. (a) by deleting requirement of personal service to
person in charge of hospital, nursing home or other institution and substituting such notice as court directs to such person;
P.A. 89-64 amended Subsec. (b) to provide that court-appointed counsel shall represent respondent in any proceeding under
title where previously limited to hearings under the chapter; P.A. 90-31 amended Subsec. (b) by changing compensation of
counsel from funds appropriated to the judicial department to the probate administration fund in an amount established
by the probate court administrator; Sec. 45-70c transferred to Sec. 45a-649 in 1991; P.A. 93-262 authorized substitution
of commissioner and department of social services for commissioner and department of human resources, effective July
1, 1993; P.A. 96-170 amended Subsec. (b) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for
such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section;
P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal in Subsec. (a), effective December 1, 2000;
P.A. 01-127 amended Subsec. (a)(2)(D) by eliminating requirement that notice to Administrator of Veterans Affairs be
by registered or certified mail; P.A. 04-169 amended Subsec. (a)(2)(D) to substitute Commissioner of Veterans' Affairs
for Administrator of Veterans Affairs, to change the name of the Veterans Home and Hospital to the Veterans' Home and
to make a technical change, effective June 1, 2004; P.A. 07-116 reorganized Subsec. (a) by inserting new Subdiv. designators
(1) to (4), amended Subsec. (a)(1) to substitute "ten days" for "seven days" and add "or in the case of an application made
pursuant to section 17a-543 or 17a-543a, at least seven days before the hearing date", amended Subsec. (a)(2) to delete
exception re service to respondent if detrimental to health or welfare of respondent, added Subsec. (a)(5) re court being
deprived of jurisdiction if required personal service is not made, deleted former Subdiv. designators in Subsec. (b), amended
Subsec. (b) to add "of the respondent's choice" re attorney representation and insert form of notice and statement to be
provided to respondent, inserted new Subsec. (c) re notice to all other persons, designated existing provisions re appointment
of attorney and place of hearing as Subsecs. (d) and (e), and made technical changes.

Sec. 45a-649a. Right to an attorney re involuntary representation. Fees. Indigency. Attorney duties and access to information. (a) A respondent, as defined in
section 45a-644, or a conserved person, as defined in section 45a-644, who is subject
to proceedings subsequent to the appointment of a conservator pursuant to an application
for involuntary representation shall have the right to be represented by an attorney of
the respondent's or conserved person's choosing at the expense of the respondent or
conserved person or, if the respondent or conserved person is indigent, within the payment guidelines of the Court of Probate.

(b) If the Court of Probate finds the respondent or conserved person is indigent
or otherwise unable to pay for an attorney, the court shall appoint an attorney for the
respondent or conserved person unless the respondent or conserved person refuses to
be represented by an attorney and the court finds that the respondent or conserved person
understands the nature of the refusal. The court shall appoint an attorney from a panel of
attorneys admitted to practice in this state provided by the Probate Court Administrator in
accordance with regulations issued under section 45a-77.

(c) An attorney appointed pursuant to this section shall represent the respondent or
conserved person in proceedings under sections 45a-644 to 45a-663, inclusive, and shall
consult with the conserved person regarding bringing an appeal to the Superior Court
under section 45a-186. Upon the request of the conserved person, the attorney for the
conserved person shall assist in the filing and commencing of an appeal to the Superior
Court. An attorney's assistance in filing such an appeal shall not obligate the attorney
to appear in or prosecute the appeal. A conservator may not deny the conserved person
access to the person's resources needed for an appeal.

(d) Nothing in this section shall impair, limit or diminish the right of a respondent
or conserved person to replace the attorney for such respondent or conserved person
with a different attorney whom such respondent or conserved person chooses in accordance with this section. Fees of an attorney chosen by the respondent or conserved person
shall be approved by the Court of Probate or, if an appeal is taken, by the Superior Court.

(e) If the respondent or conserved person is indigent, an attorney appointed under
this section shall be paid a reasonable rate of compensation. Rates of compensation
for such appointed attorneys shall be established by the Office of the Probate Court
Administrator. Such compensation shall be paid from funds appropriated to the Judicial
Department. If funds have not been included in the budget of the Judicial Department for
such purposes, such compensation shall be paid from the Probate Court Administration
Fund.

(f) An attorney representing a respondent or conserved person subject to proceedings under this chapter shall not accept appointment as guardian ad litem or conservator
of the person or estate for the same person unless such attorney has been nominated by
the respondent or conserved person pursuant to section 45a-645, or similar instrument,
including, but not limited to, a trust or an advance directive pursuant to section 19a-580e,
or section 19a-580g, or is nominated by the respondent or conserved person pursuant to
section 45a-650.

(g) An attorney for the respondent or conserved person, on presentation of proof
of authority, shall have access to all information pertinent to proceedings under this
title, including immediate access to medical records available to the respondent's or
conserved person's treating physician.

(b) The rules of evidence in civil actions adopted by the judges of the Superior
Court shall apply to all hearings pursuant to this section. All testimony at a hearing held
pursuant to this section shall be given under oath or affirmation.

(c) After making the findings required under subsection (a) of this section, the court
shall receive evidence regarding the respondent's condition, the capacity of the respondent to care for himself or herself or to manage his or her affairs, and the ability of the
respondent to meet his or her needs without the appointment of a conservator. Unless
waived by the court pursuant to this subsection, evidence shall be introduced from one
or more physicians licensed to practice medicine in the state who have examined the
respondent within forty-five days preceding the hearing. The evidence shall contain
specific information regarding the respondent's condition and the effect of the respondent's condition on the respondent's ability to care for himself or herself or to manage
his or her affairs. The court may also consider such other evidence as may be available
and relevant, including, but not limited to, a summary of the physical and social functioning level or ability of the respondent, and the availability of support services from the
family, neighbors, community or any other appropriate source. Such evidence may include, if available, reports from the social work service of a general hospital, municipal
social worker, director of social service, public health nurse, public health agency, psychologist, coordinating assessment and monitoring agencies, or such other persons as
the court considers qualified to provide such evidence. The court may waive the requirement that medical evidence be presented if it is shown that the evidence is impossible
to obtain because of the absence of the respondent or the respondent's refusal to be
examined by a physician or that the alleged incapacity is not medical in nature. If such
requirement is waived, the court shall make a specific finding in any decree issued on
the application stating why medical evidence was not required. Any hospital, psychiatric
or medical record or report filed with the court pursuant to this subsection shall be
confidential.

(d) Upon the filing of an application for involuntary representation pursuant to section 45a-648, the court shall issue an order for the disclosure of the medical information
required pursuant to this section to the respondent's attorney and, upon request, to the
respondent. The court may issue an order for the disclosure of such medical information
to any other person as the court determines necessary.

(e) Notwithstanding the provisions of section 45a-7, the court may hold the hearing
on the application at a place other than its usual courtroom if it would facilitate attendance
by the respondent.

(f) (1) If the court finds by clear and convincing evidence that the respondent is
incapable of managing the respondent's affairs, that the respondent's affairs cannot be
managed adequately without the appointment of a conservator and that the appointment
of a conservator is the least restrictive means of intervention available to assist the
respondent in managing the respondent's affairs, the court may appoint a conservator
of his or her estate after considering the factors set forth in subsection (g) of this section.

(2) If the court finds by clear and convincing evidence that the respondent is incapable of caring for himself or herself, that the respondent cannot be cared for adequately
without the appointment of a conservator and that the appointment of a conservator is
the least restrictive means of intervention available to assist the respondent in caring
for himself or herself, the court may appoint a conservator of his or her person after
considering the factors set forth in subsection (g) of this section.

(3) No conservator may be appointed if the respondent's personal needs and property management are being met adequately by an agency or individual appointed pursuant to section 1-43, 19a-575a, 19a-577, 19a-580e or 19a-580g.

(g) When determining whether a conservator should be appointed the court shall
consider the following factors: (1) The abilities of the respondent; (2) the respondent's
capacity to understand and articulate an informed preference regarding the care of his
or her person or the management of his or her affairs; (3) any relevant and material
information obtained from the respondent; (4) evidence of the respondent's past preferences and life style choices; (5) the respondent's cultural background; (6) the desirability
of maintaining continuity in the respondent's life and environment; (7) whether the
respondent had previously made adequate alternative arrangements for the care of his
or her person or for the management of his or her affairs, including, but not limited to,
the execution of a durable power of attorney, springing power of attorney, the appointment of a health care representative or health care agent, the execution of a living will
or trust or the execution of any other similar document; (8) any relevant and material
evidence from the respondent's family and any other person regarding the respondent's
past practices and preferences; and (9) any supportive services, technologies or other
means that are available to assist the respondent in meeting his or her needs.

(h) The respondent or conserved person may appoint, designate or nominate a conservator pursuant to section 19a-580e, 19a-580g or 45a-645, or may, orally or in writing,
nominate a conservator who shall be appointed unless the court finds that the appointee,
designee or nominee is unwilling or unable to serve or there is substantial evidence to
disqualify such person. If there is no such appointment, designation or nomination or
if the court does not appoint the person appointed, designated or nominated by the
respondent or conserved person, the court may appoint any qualified person, authorized
public official or corporation in accordance with subsections (a) and (b) of section 45a-644. In considering who to appoint as conservator, the court shall consider (1) the extent
to which a proposed conservator has knowledge of the respondent's or conserved person's preferences regarding the care of his or her person or the management of his or
her affairs, (2) the ability of the proposed conservator to carry out the duties, responsibilities and powers of a conservator, (3) the cost of the proposed conservatorship to the estate
of the respondent or conserved person, (4) the proposed conservator's commitment to
promoting the respondent's or conserved person's welfare and independence, and (5)
any existing or potential conflicts of interest of the proposed conservator.

(i) If the court appoints a conservator of the estate of the respondent, the court shall
require a probate bond. The court may, if it considers it necessary for the protection of
the respondent, require a bond of any conservator of the person appointed under this
section.

(j) Absent the court's order to the contrary and except as otherwise provided in
subsection (b) of section 19a-580e, a conservator appointed pursuant to this section shall
be bound by all health care decisions properly made by the conserved person's health
care representative.

(k) A conserved person shall retain all rights and authority not expressly assigned
to the conservator.

(l) The court shall assign to a conservator appointed under this section only the
duties and authority that are the least restrictive means of intervention necessary to meet
the needs of the conserved person. The court shall find by clear and convincing evidence
that such duties and authority restrict the decision-making authority of the conserved
person only to the extent necessary to provide for the personal needs or property management of the conserved person. Such personal needs and property management shall be
provided in a manner appropriate to the conserved person. The court shall make a finding
of the clear and convincing evidence that supports the need for each duty and authority
assigned to the conservator.

(m) Nothing in this chapter shall impair, limit or diminish a conserved person's
right to retain an attorney to represent such person or to seek redress of grievances in
any court or administrative agency, including proceedings in the nature of habeas corpus
arising out of any limitations imposed on the conserved person by court action taken
under this chapter, chapter 319i, chapter 319j or section 45a-242. In any other proceeding
in which the conservator has retained counsel for the conserved person, the conserved
person may request the Court of Probate to direct the conservator to substitute an attorney
chosen by the conserved person.

History: P.A. 80-227 substituted "probate bond" for "bond ... in such amount as it deems necessary to protect the estate
of the respondent", effective July 1, 1981; P.A. 80-476 divided section into Subsecs. and reworded provisions; P.A. 84-271 amended Subsec. (a) by authorizing the court to consider such other evidence as may be available and relevant including
a summary of the physical and social functioning level or ability of the respondent and the availability of support services,
and providing such evidence may include reports from certain agencies and professionals in the social work and public
health field; Sec. 45-70d transferred to Sec. 45a-650 in 1991; P.A. 97-90 amended Subsec. (c) to permit court not to appoint
conservator if it appears that person or affairs of person are being cared for properly without appointment of conservator
and to make technical changes, and amended Subsec. (d) re considerations in making determination of whether to appoint
conservator; P.A. 98-219 added Subsec. (g) re limitation of powers and duties of conservator of the person or conservator
of the estate; P.A. 01-209 amended Subsec. (a) to add provisions re examination by independent physician, psychologist
or psychiatrist in matter in which Commissioner of Social Services seeks appointment of conservator, effective July 1,
2001; P.A. 04-142 amended Subsec. (a) by adding provision re confidentiality of medical report filed with the court, added
new Subsec. (b) re court order for disclosure of required medical information, redesignated existing Subsecs. (b) to (g) as
new Subsecs. (c) to (h), respectively, and made technical changes; P.A. 06-195 substituted "health care representative"
for "health care agent" in Subsec. (h); P.A. 07-116 inserted provisions in Subsec. (a) re requirements before court receives
evidence and respondent's right to attend any hearing under section, inserted new Subsec. (b) re applicable rules of evidence,
designated as new Subsec. (c) existing provisions re court's receipt of evidence re capacity of respondent, and amended
same to substitute 45 days for 30 days re physician examination preceding hearing, substitute reference to respondent's
condition and respondent's ability to care for self or manage affairs for reference to respondent's "disability and the extent
of its incapacitating effect", and delete provisions re matters where Commissioner of Social Services seeks appointment
of conservator for an elderly person, redesignated existing Subsec. (b) as Subsec. (d) and inserted provisions therein re
disclosure of medical information, redesignated existing Subsec. (c) as (e) and amended same to delete "within the state"
re place of hearing, redesignated existing Subsec. (d) as Subsec. (f) and inserted provisions therein re court's findings,
redesignated existing Subsec. (e) as Subsec. (g) and amended same to substitute enumerated factors for consideration of
best interest of respondent and prior alternative arrangements, inserted Subsec. (h) designator and added provisions therein
re respondent's ability to nominate conservator and court's appointment of conservator, deleted former Subsec. (f) re
court's findings of facts to be furnished upon request, redesignated existing Subsec. (g) as Subsec. (i), deleted former
Subsec. (h) re limitation on powers and duties of conservator, added new Subsecs. (j) to (m) re limitations on powers of
conservators and retention of rights of conserved person, and made technical changes.

(b) If, during the pendency of the application, the applicant lodges with any bank,
trust company or other depositary a notice of the application certified by the court, such
bank, trust company or depositary shall not allow any funds of the allegedly incapable
person to be withdrawn, between the time the notice of the application is lodged and
the time of the adjudication of the court upon the application, without the approval of
the court.

(c) The original copy of the notice of the application shall be filed with the court.
The notice may not be recorded or lodged elsewhere unless it is a copy certified by the
court. The notice shall state that an application for appointment of a conservator is
pending and shall include the name of the allegedly incapable person, the name of the
applicant, the probate district in which the application is pending, and the date of application. The notice shall be signed and acknowledged by the applicant. The notice shall
not include the allegation of facts on which the application is based.

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-73 transferred to Sec. 45a-653
in 1991; P.A. 91-406 confirmed the numbering of this section as Sec. 45a-653, thereby correcting a typographical error;
P.A. 94-111 amended Subsecs. (a) and (b) by changing "an attested copy of one application" to "notice of the application"
and added Subsec. (c) re contents of notice of application to be recorded or lodged pursuant to section; P.A. 96-180 made
technical changes in Subsecs. (a) and (b), effective June 3, 1996; P.A. 07-116 inserted "certified by the court" re application
in Subsecs. (a) and (b), substituted "allegedly" for "alleged" in Subsecs. (b) and (c), and amended Subsec. (c) re filing of
original copy of notice with the court and prohibiting the notice from being recorded or lodged elsewhere unless it is a
copy certified by the court.

Sec. 45a-654. (Formerly Sec. 45-72). Appointment of temporary conservator.
Duties. (a) Upon written application for appointment of a temporary conservator brought
by any person considered by the court to have sufficient interest in the welfare of the
respondent, including, but not limited to, the spouse or any relative of the respondent,
the first selectman, chief executive officer or head of the department of welfare of the
town of residence or domicile of any respondent, the Commissioner of Social Services,
the board of directors of any charitable organization, as defined in section 21a-190a, or
the chief administrative officer of any nonprofit hospital or such officer's designee, the
Court of Probate may appoint a temporary conservator if the court finds by clear and
convincing evidence that: (1) The respondent is incapable of managing his or her affairs
or incapable of caring for himself or herself, (2) immediate and irreparable harm to the
mental or physical health or financial or legal affairs of the respondent will result if a
temporary conservator is not appointed, and (3) appointment of a temporary conservator
is the least restrictive means of intervention available to prevent such harm. The court
shall require the temporary conservator to give a probate bond. The court shall limit the
duties and authority of the temporary conservator to the circumstances that gave rise to
the application and shall make specific findings, by clear and convincing evidence, of
the immediate and irreparable harm that will be prevented by the appointment of a
temporary conservator and that support the appointment of a temporary conservator.
In making such specific findings, the court shall consider the present and previously
expressed wishes of the respondent, the abilities of the respondent, any prior appointment of an attorney-in-fact, health care representative, trustee or other fiduciary acting
on behalf of the respondent, any support service otherwise available to the respondent
and any other relevant evidence. In appointing a temporary conservator pursuant to this
section, the court shall set forth each duty or authority of the temporary conservator.
The temporary conservator shall have charge of the property or of the person of the
conserved person, or both, for such period or for such specific occasion as the court
finds to be necessary, provided a temporary appointment shall not be valid for more
than thirty days, unless at any time while the appointment of a temporary conservator
is in effect, an application is filed for appointment of a conservator of the person or estate
under section 45a-650. The court may (A) extend the appointment of the temporary
conservator until the disposition of such application under section 45a-650, or for an
additional thirty days, whichever occurs first, or (B) terminate the appointment of a
temporary conservator upon a showing that the circumstances that gave rise to the application for appointment of a temporary conservator no longer exist. No appointment of
a temporary conservator under this section may be in effect for more than sixty days
from the date of the initial appointment.

(b) Unless the court waives the medical evidence requirement pursuant to subsection (e) of this section, an appointment of a temporary conservator shall not be made
unless a report is filed with the application for appointment of a temporary conservator,
signed by a physician licensed to practice medicine or surgery in this state, stating: (1)
That the physician has examined the respondent and the date of such examination, which
shall not be more than three days prior to the date of presentation to the judge; (2) that
it is the opinion of the physician that the respondent is incapable of managing his or her
affairs or incapable of caring for himself or herself; and (3) the reasons for such opinion.
Any physician's report filed with the court pursuant to this subsection shall be confidential. The court shall provide for the disclosure of the medical information required pursuant to this subsection to the respondent on the respondent's request, the respondent's
attorney and to any other party considered appropriate by the court.

(c) Upon receipt of an application for the appointment of a temporary conservator,
the court shall issue notice to the respondent, appoint counsel for the respondent and
conduct a hearing on the application in the manner set forth in sections 45a-649, 45a-649a and 45a-650, except that (1) notice to the respondent shall be given not less than
five days before the hearing, which shall be conducted not later than seven days after
the application is filed, excluding Saturdays, Sundays and holidays, or (2) where an
application has been made ex parte for the appointment of a temporary conservator,
notice shall be given to the respondent not more than forty-eight hours after the ex parte
appointment of a temporary conservator, with the hearing on such ex parte appointment
to be conducted not later than three days after the ex parte appointment, excluding
Saturdays, Sundays and holidays. Service on the respondent of the notice of the application for the appointment of a temporary conservator shall be in hand and shall be made
by a state marshal, constable or an indifferent person. Notice shall include (A) a copy
of the application for appointment of a temporary conservator and any physician's report
filed with the application pursuant to subsection (b) of this section, (B) a copy of an ex
parte order, if any, appointing a temporary conservator, and (C) the date, time and place
of the hearing on the application for the appointment of a temporary conservator. The
court may not appoint a temporary conservator until the court has made the findings
required in this section and held a hearing on the application, except as provided in
subsection (d) of this section. If notice is provided to the next of kin with respect to an
application filed under this section, the physician's report shall not be disclosed to the
next of kin except by order of the court.

(d) (1) If the court determines that the delay resulting from giving notice and appointing an attorney to represent the respondent as required in subsection (c) of this
section would cause immediate and irreparable harm to the mental or physical health
or financial or legal affairs of the respondent, the court may, ex parte and without prior
notice to the respondent, appoint a temporary conservator upon receiving evidence and
making the findings required in subsection (a) of this section, provided the court makes
a specific finding in any decree issued on the application stating the immediate or irreparable harm that formed the basis for the court's determination and why such hearing
and appointment was not required before making an ex parte appointment. If an ex parte
order of appointment of a temporary conservator is made, a hearing on the application
for appointment of a temporary conservator shall be commenced not later than three
days after the ex parte order was issued, excluding Saturdays, Sundays and holidays.
An ex parte order shall expire not later than three days after the order was issued unless
a hearing on the order that commenced prior to the expiration of the three-day period
has been continued for good cause.

(2) After a hearing held under this subsection, the court may appoint a temporary
conservator or may confirm or revoke the ex parte appointment of the temporary conservator or may modify the duties and authority assigned under such appointment.

(e) The court may waive the medical evidence requirement under subsection (b) of
this section if the court finds that the evidence is impossible to obtain because of the
refusal of the respondent to be examined by a physician. In any such case the court may,
in lieu of medical evidence, accept other competent evidence. In any case in which the
court waives the medical evidence requirement as provided in this subsection, the court
may not appoint a temporary conservator unless the court finds, by clear and convincing
evidence, that (1) the respondent is incapable of managing his or her affairs or incapable
of caring for himself or herself, and (2) immediate and irreparable harm to the mental
or physical health or financial or legal affairs of the respondent will result if a temporary
conservator is not appointed pursuant to this section. In any case in which the court
waives the requirement of medical evidence as provided in this subsection, the court
shall make a specific finding in any decree issued on the application stating why medical
evidence was not required.

(f) Upon the termination of the temporary conservatorship, the temporary conservator shall file a written report with the court and, if applicable, a final accounting as
directed by the court, of his or her actions as temporary conservator.

History: 1965 act authorized board of directors of charitable organization to make application for appointment of
temporary conservator; 1967 act allowed appointment to cover charge of person in lieu of or in addition to the estate;
P.A. 75-72 authorized applications by chief administrative officer of any nonprofit hospital or his designee; P.A. 77-446
authorized applications by first selectman, chief executive officer or head of town department of welfare or by commissioner
of social services, rephrased provision so that court makes finding as to respondent's capability where provisions had been
phrased to imply that such finding was previously made and added hearing provisions; P.A. 77-614 replaced commissioner
of social services with commissioner of human resources, effective January 1, 1979; P.A. 79-631 replaced human resources
commissioner with commissioner of children and youth services; P.A. 80-227 substituted "probate bond" for "bond,
conditioned upon the faithful performance of his duties, in an amount to be determined by the judge", effective July 1,
1981; P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 84-202 and P.A. 84-294 amended Subsec.
(a) by replacing commissioner of children and youth services with commissioner of human resources as authority empowered to apply for appointment of temporary conservator; P.A. 84-271 amended Subsec. (a) by replacing provision allowing
"written application by the husband, wife or any relative" with "written application of any person deemed by the court to
have sufficient interest in the welfare of the respondent, including but not limited to the spouse or any relative of the
respondent", and deleting "commissioner of children and youth services" and adding "commissioner of human resources"
and "the commissioner on aging" as agency heads authorized to make application, and amended Subsec. (c) by requiring
the application to be acted upon within 48 hours of filing, Saturdays and Sundays excluded, unless continued for cause
shown; P.A. 90-230 corrected an internal reference in Subsec. (a); Sec. 45-72 transferred to Sec. 45a-654 in 1991; P.A.
93-262 replaced reference to commissioners of human resources and aging with commissioner of social services, effective
July 1, 1993; P.A. 95-89 amended Subsec. (a) by specifying applicability to appointment of temporary conservators, by
adding irreparable harm to health or financial or legal affairs as ground for appointment, by granting discretionary power
to require that bond be posted and by authorizing extension of appointment in cases where application for appointment of
conservator under Sec. 45a-650 is filed, amended Subsec. (b) by changing requirement of two physicians to one physician
and added provision re date of examination and opinion, deleted former provisions of Subsec. (c) and added new provisions
re ex parte appointment of temporary conservator, added Subsec. (d) re hearing and notice where ex parte appointment
not appropriate, added Subsec. (e) re waiver of medical evidence requirement and added Subsec. (f) re written report on
termination of temporary conservatorship; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of
counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included
in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 04-142 amended Subsec. (b) by adding provisions re confidentiality of physician's report filed with the court and re court order for disclosure of required medical information and by making technical
changes; P.A. 05-154 amended Subsec. (a) to substitute "immediate and irreparable" for "immediate" in Subdiv. (2), to
provide that the court shall limit duties, responsibilities and powers to the circumstances that gave rise to the application,
to add factors the court shall consider in making findings, to insert Subpara. (A) designator and "under section 45a-650"
in Subpara. (A), and to add new Subpara. (B) re termination of appointment, amended Subsec. (b)(2) to insert "incapable",
amended Subsec. (c) to insert new Subdiv. designators (1) to (3), to insert new language in Subdiv. (1) re court determination
that delay will result in injury and requiring specific findings, to insert "ex parte" re appointment and change Subdiv. and
Subpara. designators in Subdiv. (2), to insert new Subpara. (B) re scheduling date, place and time of hearing not later than
72 hours after decree, excluding Saturdays, Sundays and holidays, to add new Subpara. (C)(iii) re date, place and time of
hearing, to delete former provisions re hearings, and to rewrite Subdiv. (3) re court duties after hearing, amended Subsec.
(e)(2) to delete "if a hearing has not been held", added new Subsec. (f) re restrictions on changing respondent's residence,
added new Subsec. (g) re placement of respondent in an institution for long-term care, redesignated existing Subsec. (f)
as Subsec. (h), and made technical changes, effective June 24, 2005; P.A. 06-195 substituted "health care representative"
for "health care agent" in Subsec. (a); pursuant to P.A. 07-73 "Department of Mental Retardation" was changed editorially
by the Revisors to "Department of Developmental Services" in Subsec. (g)(2), effective October 1, 2007; P.A. 07-116
amended Subsec. (a) to require "clear and convincing evidence", insert Subdiv. (3) re appointment of temporary conservator
as least restrictive means of intervention available to prevent harm, substitute "shall" for "may" re providing probate bond,
substitute "duties and authority" for "duties, responsibilities and powers", "irreparable harm" for "irreparable injury",
"specific findings" for "findings", "considered" for "deemed" and "conserved person" for "respondent", provide that court
shall set forth each duty or authority of temporary conservator upon appointment, and provide that no appointment may
be in effect more than 60 days from initial appointment, amended Subsec. (b) to make conforming changes and replace
"may issue an order" re disclosure of medical information with "shall provide for the disclosure of the medical information"
to respondent, respondent's attorney and other appropriate party, inserted new Subsec. (c) re notice and service, redesignated
existing Subsec. (c) as Subsec. (d) and inserted therein "upon receiving evidence" re appointment, deleted former Subsec.
(d), amended Subsec. (e) to require enumerated court findings by clear and convincing evidence in any case where court
waives medical evidence requirement, deleted former Subsecs. (f) and (g) re changing respondent's residence or placement
in institution for long-term care, redesignated existing Subsec. (h) as Subsec. (f) and added "and, if applicable, a final
accounting as directed by the court" therein, and made technical changes.

See Sec. 45a-132a re respondent's ability to refuse to undergo examination ordered by the court under said section.

Sec. 45a-655. (Formerly Sec. 45-75). Duties of conservator of the estate. Application for distribution of gifts of income and principal from the estate. (a) A conservator of the estate appointed under section 45a-646, 45a-650 or 45a-654 shall, within
two months after the date of the conservator's appointment, make and file in the Court
of Probate, an inventory, under penalty of false statement, of the estate of the conserved
person, with the properties thereof appraised or caused to be appraised, by such conservator, at fair market value as of the date of the conservator's appointment. Such inventory
shall include the value of the conserved person's interest in all property in which the
conserved person has a legal or equitable present interest, including, but not limited to,
the conserved person's interest in any joint bank accounts or other jointly held property.
The conservator shall manage all the estate and apply so much of the net income thereof,
and, if necessary, any part of the principal of the property, which is required to support
the conserved person and those members of the conserved person's family whom the
conserved person has the legal duty to support and to pay the conserved person's debts,
and may sue for and collect all debts due the conserved person. The conservator shall
use the least restrictive means of intervention in the exercise of the conservator's duties
and authority.

(b) Any conservator of the estate of a married person may apply such portion of
the property of the conserved person to the support, maintenance and medical treatment
of the conserved person's spouse which the Court of Probate, upon hearing after notice,
decides to be proper under the circumstances of the case.

(c) Notwithstanding the provisions of section 45a-177, the court may, and at the
request of any interested party shall, require annual accountings from any conservator
of the estate and the court shall hold a hearing on any such account with notice to all
persons entitled to notice under section 45a-649.

(d) In the case of any person receiving public assistance, state-administered general
assistance or Medicaid, the conservator of the estate shall apply toward the cost of care
of such person any assets exceeding limits on assets set by statute or regulations adopted
by the Commissioner of Social Services. Notwithstanding the provisions of subsections
(a) and (b) of this section, in the case of an institutionalized person who has applied for
or is receiving such medical assistance, no conservator shall apply and no court shall
approve the application of (1) the net income of the conserved person to the support of
the conserved person's spouse in an amount that exceeds the monthly income allowed
a community spouse as determined by the Department of Social Services pursuant to
42 USC 1396r-5(d)(2)-(4), or (2) any portion of the property of the conserved person
to the support, maintenance and medical treatment of the conserved person's spouse in
an amount that exceeds the amount determined allowable by the department pursuant
to 42 USC 1396r-5(f)(1) and (2), notwithstanding the provisions of 42 USC 1396r-5(f)(2)(A)(iv), unless such limitations on income would result in significant financial
duress.

(e) Upon application of a conservator of the estate, after hearing with notice to the
Commissioner of Administrative Services, the Commissioner of Social Services and to
all parties who may have an interest as determined by the court, the court may authorize
the conservator to make gifts or other transfers of income and principal from the estate
of the conserved person in such amounts and in such form, outright or in trust, whether
to an existing trust or a court-approved trust created by the conservator, as the court
orders to or for the benefit of individuals, including the conserved person, and to or for
the benefit of charities, trusts or other institutions described in Sections 2055(a) and
2522(a) of the Internal Revenue Code of 1986, or any corresponding internal revenue
code of the United States, as from time to time amended. Such gifts or transfers shall
be authorized only if the court finds that: (1) In the case of individuals not related to the
conserved person by blood or marriage, the conserved person had made a previous gift
to that unrelated individual prior to being declared incapable; (2) in the case of a charity,
either (A) the conserved person had made a previous gift to such charity, had pledged
a gift in writing to such charity, or had otherwise demonstrated support for such charity
prior to being declared incapable; or (B) the court determines that the gift to the charity
is in the best interests of the conserved person, is consistent with proper estate planning,
and there is no reasonable objection by a party having an interest in the conserved
person's estate as determined by the court; (3) the estate of the conserved person and
any proposed trust of which the conserved person is a beneficiary is more than sufficient
to carry out the duties of the conservator as set forth in subsections (a) and (b) of this
section, both for the present and foreseeable future, including due provision for the
continuing proper care, comfort and maintenance of such conserved person in accordance with such conserved person's established standard of living and for the support of
persons the conserved person is legally obligated to support; (4) the purpose of the gifts
is not to diminish the estate of the conserved person so as to qualify the conserved person
for federal or state aid or benefits; and (5) in the case of a conserved person capable of
making an informed decision, the conserved person has no objection to such gift. The
court shall give consideration to the following: (A) The medical condition of the conserved person, including the prospect of restoration to capacity; (B) the size of the
conserved person's estate; (C) the provisions which, in the judgment of the court, such
conserved person would have made if such conserved person had been capable, for
minimization of income and estate taxes consistent with proper estate planning; and (D)
in the case of a trust, whether the trust should be revocable or irrevocable, existing
or created by the conservator and court approved. The court should also consider the
provisions of an existing estate plan, if any. In the case of a gift or transfer in trust, any
transfer to a court-approved trust created by the conservator shall be subject to continuing
probate court jurisdiction in the same manner as a testamentary trust including periodic
rendering of accounts pursuant to section 45a-177. Notwithstanding any other provision
of this section, the court may authorize the creation and funding of a trust that complies
with section 1917(d)(4) of the Social Security Act, 42 USC 1396p(d)(4), as from time
to time amended. The provisions of this subsection shall not be construed to validate
or invalidate any gifts made by a conservator of the estate prior to October 1, 1998.

History: P.A. 73-34 substituted "spouse" for "husband", "person" for "woman" and made other changes which had
distinguished persons under provisions by sex; P.A. 77-446 imposed deadline for return of inventory, removed provisions
which had distinguished between conduct of conservator who is ward's spouse and conduct of other conservator, and
added provisions allowing court to require annual accounting and to hold hearing on accounts; P.A. 80-476 divided section
into Subsecs., rephrased provisions and substituted "property" for "estate"; P.A. 81-349 added Subsec. (d) requiring the
conservator of the estate of any person receiving public or medical assistance to apply any assets exceeding limits set by
statute or regulation toward the cost of such person's care; P.A. 83-62 added Subsec. (e) permitting conservator of the
estate to pay and distribute gifts of income and principal from estate of ward subject to the approval of the court; P.A. 85-523 amended Subsec. (e) to delete provisions re intent of ward concerning continuation of gifts and added phrase "in the
case of ward capable of making an informed decision"; P.A. 87-565 amended Subsec. (a) by changing "return" to "make
and file in", and added provision re appraisal of inventory at fair market value as of date of appointment of conservator
and included all property in which ward has interest, including joint bank accounts; P.A. 89-211 clarified reference to the
Internal Revenue Code of 1986; Sec. 45-75 transferred to Sec. 45a-655 in 1991; P.A. 92-233 amended Subsec. (d) by
adding provisions re limits on amount of income and property applied to support of spouse of ward who is an applicant
for or recipient of medical assistance; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of income maintenance, effective July 1, 1993; June 18 Sp. Sess. P.A. 97-2
amended Subsec. (d) to make technical and conforming changes re references to assistance and Medicaid, effective July
1, 1997; P.A. 98-232 amended Subsec. (e) to provide notice to Commissioner of Social Services, to permit court to authorize
conservator to make gifts and other transfers of income from estate of ward to existing or court-approved trust for benefit
of individuals, including ward, charities, trusts or other institutions, and to provide criteria for determining whether gift
to charity will be permitted and the nature of the trust and continuing jurisdiction of Probate Court; P.A. 99-84 amended
Subsec. (a) by deleting "oath" and inserting "penalty of false statement"; June Sp. Sess. P.A. 01-2 amended Subsec. (d)
to make technical changes and delete provisions prohibiting application of certain income or property to support of ward's
spouse, effective July 1, 2001; June Sp. Sess. P.A. 01-9 revised effective date of June Sp. Sess. P.A. 01-2 but without
affecting this section; P.A. 07-116 substituted "conserved person" for "ward", amended Subsec. (a) to provide that conservator shall use least restrictive means of intervention in exercise of duties and authority, and made technical changes.

Sec. 45a-656. (Formerly Sec. 45-75a). Duties of conservator of the person. (a)
The conservator of the person shall have the duties and authority expressly assigned by
the court pursuant to section 45a-650, which duties and authority may include: (1) The
duty and responsibility for the general custody of the conserved person; (2) the authority
to establish the conserved person's residence within the state, subject to the provisions
of section 45a-656b; (3) the authority to give consent for the conserved person's medical
or other professional care, counsel, treatment or service; (4) the duty to provide for the
care, comfort and maintenance of the conserved person; and (5) the duty to take reasonable care of the conserved person's personal effects.

(b) In carrying out the duties and authority assigned by the court, the conservator of
the person shall exercise such duties and authority in a manner that is the least restrictive
means of intervention and shall (1) assist the conserved person in removing obstacles
to independence, (2) assist the conserved person in achieving self-reliance, (3) ascertain
the conserved person's views, (4) make decisions in conformance with the conserved
person's reasonable and informed expressed preferences, (5) make all reasonable efforts
to ascertain the health care instructions and other wishes of the conserved person, and
(6) make decisions in conformance with (A) the conserved person's expressed health
care preferences, including health care instructions and other wishes, if any, described
in section 19a-580e, or validly executed health care instructions described in section
19a-580g, or (B) a health care decision of a health care representative described in
subsection (b) of section 19a-580e, except under a circumstance set forth in subsection
(b) of section 19a-580e. The conservator shall afford the conserved person the opportunity to participate meaningfully in decision-making in accordance with the conserved
person's abilities and shall delegate to the conserved person reasonable responsibility
for decisions affecting such conserved person's well-being.

(c) The conservator shall report at least annually to the probate court that appointed
the conservator regarding the condition of the conserved person, the efforts made to
encourage the independence of the conserved person and the conservator's statement
on whether the appointment of the conservator is the least restrictive means of intervention for managing the conserved person's needs. The duties, responsibilities and authority assigned pursuant to section 45a-650 or set forth in this section shall be carried out
within the resources available to the conserved person, either through the conserved
person's own estate or through private or public assistance.

(d) The conservator of the person shall not have the power or authority to cause the
respondent to be committed to any institution for the treatment of the mentally ill except
under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-456 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, 17a-615 to 17a-618, inclusive, and 17a-621 to 17a-664, inclusive, and
chapter 359.

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; Sec. 45-75a transferred to Sec. 45a-656
in 1991; P.A. 94-27 amended Subsec. (b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994;
P.A. 05-155 amended Subsec. (a) to substitute "the ward's" for "his", and added new Subsec. (c) re duties if the conservator
determines it is necessary to place the ward in an institution for long-term care; pursuant to P.A. 07-73 "Department of
Mental Retardation" was changed editorially by the Revisors to "Department of Developmental Services" in Subsec. (c),
effective October 1, 2007; P.A. 07-116 substituted "authority" for "power", substituted "conserved person" for "ward"
and "respondent", amended Subsec. (a) to insert "the duties and authority expressly assigned by the court pursuant to
section 45a-650, which duties and authority may include" and provide that powers are subject to Sec. 45a-656b, inserted
new Subsec. (b) re exercise of duties, designated existing reporting requirements as Subsec. (c) and amended same to
require report to include efforts made to encourage independence and statement on whether appointment of conservator
is least restrictive means of intervention, redesignated existing Subsec. (b) as Subsec. (d), deleted former Subsec. (c) re
placement of ward in institution for long-term care, and made technical changes.

Sec. 45a-656b. Duties of conservator re real and personal property and placement of conserved person. (a) Except as provided in subsections (b), (c), (d), (e) and
(f) of this section, a conservator may not terminate a tenancy or lease of a conserved
person, as defined in section 45a-644, sell or dispose of any real property or household
furnishings of the conserved person, or change the conserved person's residence unless
a court of probate finds, after a hearing, that such termination, sale, disposal or change
is necessary or that the conserved person agrees to such termination, sale, disposal or
change.

(b) If the conservator determines it is necessary to cause the conserved person to
be placed in an institution for long-term care or to change the conserved person's residence, the conservator shall file a report of the intended placement in an institution
for long-term care or change of residence with the court of probate that appointed the
conservator. The court shall hold a hearing to consider the report. If, after the hearing,
the conservator obtains permission of the court for the intended placement or change
of residence, the conservator may make such a placement or implement such a change
of residence. The hearing shall be held not less than five days after the filing of the
report, excluding Saturdays, Sundays and holidays, and not less than seventy-two hours
before the placement in the institution for long-term care or the change of residence,
except that if the placement in an institution for long-term care results from the conserved
person's discharge from a hospital, the conservator may make the placement before
filing the report, provided the conservator (1) files the report not later than five days
after making such placement, and (2) includes in the report a statement as to the hospital
discharge and related circumstances requiring the placement of the conserved person
in the institution for long-term care. No such placement made before the filing of the
report of the conservator shall continue unless ordered by the Court of Probate after a
hearing held pursuant to this section.

(c) A report filed under subsection (b) of this section with respect to placement in an
institution for long-term care shall set forth the basis for the conservator's determination,
what community resources are available and have been considered to avoid the placement, and the reasons why the conserved person's physical, mental and psychosocial
needs cannot be met in a less restrictive and more integrated setting. Such community
resources include, but are not limited to, resources provided by the area agencies on
aging, the Department of Social Services, the Office of Protection and Advocacy for
Persons with Disabilities, the Department of Mental Health and Addiction Services, the
Department of Developmental Services, any center for independent living, as defined
in section 17b-613, any residential care home or any congregate or subsidized housing.
The conservator shall give notice of the placement of the conserved person in an institution for long-term care and a copy of such report to the conserved person, the conserved
person's attorney and any interested parties as determined by the court. Service shall
be by first-class mail. The conservator shall provide a certification to the court that
service was made in the manner prescribed by this subsection.

(d) The conserved person may, at any time, request a hearing by the court on the
person's placement in an institution for long-term care which hearing may determine
the availability of a less restrictive alternative for the person's placement. On request
of the conserved person made after the initial hearing held under subsection (b) of this
section, the court shall hold a hearing on the placement not later than ten days, excluding
Saturdays, Sundays and holidays, after receipt by the court of such request. The court
shall not be required to conduct a hearing under this subsection more than three times
in any twelve-month period following the hearing held under subsection (b) of this
section authorizing the initial placement, except that the court shall conduct a hearing
whenever information not previously available to the court is submitted with a request
for a hearing.

(e) After the initial hearing held under subsection (b) of this section, the court may
hold a hearing on a conservator's report and the placement of the conserved person in
an institution for long-term care in any case even if no request for a hearing is made.

(f) If the court, after a hearing on the placement of the conserved person in an
institution for long-term care, determines that the conserved person's physical, mental
and psychosocial needs can be met in a less restrictive and more integrated setting within
the resources available to the conserved person, either through the conserved person's
own estate or through private or public assistance, the court shall order that the conserved
person be placed and maintained in a less restrictive and more integrated setting.

(g) A conserved person may waive the right to a hearing required under this section
if the conserved person's attorney has consulted with the conserved person and the
attorney has filed with the court a record of the waiver. Such a waiver shall be invalid
if the waiver does not represent the conserved person's own wishes.

(h) For purposes of this section, an "institution for long-term care" means a facility
that has been federally certified as a skilled nursing facility, an intermediate care facility,
a residential care home, an extended care facility, a nursing home, a rest home and a
rehabilitation hospital or facility.

(P.A. 07-73, S. 2(c); 07-116, S. 21.)

History: Pursuant to P.A. 07-73 "Department of Mental Retardation" was changed editorially by the Revisors to "Department of Developmental Services", effective October 1, 2007.

Sec. 45a-659. (Formerly Sec. 45-76). Conservator of nonresident's property.
(a) If any person not domiciled in this state and owning real property or tangible personal
property in this state is incapable of managing his or her affairs, the court of probate for
the district in which the property or some part of it is situated may, on the written
application of a husband, wife or relative or of a conservator, committee or guardian
having charge of the person or estate of the incapable person in the state where the
incapable person is domiciled and after notice pursuant to section 45a-649 or such reasonable notice as the court may order, and a hearing as required pursuant to section
45a-650, appoint a conservator of the estate for the real property and tangible personal
property in this state of the incapable person pursuant to section 45a-650. If an application for appointment of a conservator is made pursuant to this section, the court of
probate may not act on the application until an attorney is appointed to represent the
person in the manner set forth in section 45a-649a.

(b) If a conservator of the estate has been appointed for such an incapable person
in the state of such person's domicile, (1) the court may, on application of the out-of-state conservator to act as conservator for real or tangible personal property of the
incapable person in this state, appoint such person as conservator of the estate without
a hearing, on presentation to the court of a certified copy of the conservator's appointment in the state of the incapable person's domicile, and (2) if the application is for the
appointment of a person other than the out-of-state conservator to act as conservator of
the estate, the court, at its hearing on the application, may accept a certified copy of the
out-of-state appointment of a conservator as evidence of incapacity. As used in this
subsection, a "conservator of the estate" in an out-of-state jurisdiction includes any
person serving in the equivalent capacity in such state.

(c) The conservator of the estate for the property in this state shall give a probate
bond, and shall, within two months after the date of his or her appointment, make and
file in the court of probate, under penalty of false statement, an inventory of all the real
property and tangible personal property in this state of the incapable person, appraised
or caused to be appraised, by such conservator, at fair market value as of the date of the
conservator's appointment.

(d) The proceeds of any sale of the real or tangible personal property, or the tangible
personal property itself, may be transferred to the conservator, committee or guardian
having charge of the person and estate of the incapable person in the state where the
incapable person is domiciled, following the application and proceedings which are
required by section 45a-635.

History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-565 amended Subsec. (b) by
adding provision re appraisal of inventory of all property in this state of incapable person at fair market value at date of
appointment of conservator; Sec. 45-76 transferred to Sec. 45a-659 in 1991; P.A. 94-24 amended Subsec. (a) by changing
"residing" to "domiciled" and "property" to "real property or tangible personal property" and adding requirement of notice
and hearing prior to appointment of conservator, inserted new Subsec. (b) re appointment of conservator of the estate in
an out-of-state jurisdiction as conservator for real or tangible property of the incapable person in this state, relettering
former Subsecs. (b) and (c) accordingly, amended Subsec. (c) by changing "property" to "real property or tangible personal
property" and deleting provision re order of probate court re sale of property, and amended Subsec. (d) by changing "the
sale of both real and personal property" to "any sale of either real property or tangible personal property, or both"; P.A.
99-84 amended Subsec. (c) by deleting "oath" and inserting "penalty of false statement"; P.A. 07-116 amended Subsec.
(a) to substitute "not domiciled in this state" for domiciled out of state, and provide that court may not act on application
until an attorney is appointed, and amended Subsec. (d) to provide that tangible personal property itself may be transferred.

Sec. 45a-660. (Formerly Sec. 45-77). Termination of conservatorship. Review
of conservatorship by court. (a)(1) A conserved person may, at any time, petition the
court of probate having jurisdiction for the termination of a conservatorship. A petition
for termination of a conservatorship shall be determined by a preponderance of the
evidence. The conserved person shall not be required to present medical evidence at
such a hearing. A hearing on the petition shall be held not later than thirty days after
the date the petition was filed in the Court of Probate, unless the hearing is continued
for good cause. If such hearing is not held within such thirty-day period or continuance
period, if applicable, the conservatorship shall terminate. If the court of probate having
jurisdiction finds a conserved person to be capable of caring for himself or herself, the
court shall, upon hearing and after notice, order that the conservatorship of the person
be terminated. If the court finds upon hearing and after notice which the court prescribes,
that a conserved person is capable of managing his or her own affairs, the court shall
order that the conservatorship of the estate be terminated and that the remaining portion
of the conserved person's property be restored to the conserved person. (2) If the court
finds upon hearing and after notice which the court prescribes that a conserved person
has no assets of any kind remaining except for that amount allowed by subsection (c)
of section 17b-80, the court may order that the conservatorship of the estate be terminated. The court shall thereupon order distribution of the remaining assets to the conservator of the person or, if there is no conservator or the conservator declines or is unable
to accept or the conservator is the Commissioner of Social Services, to some suitable
person, to be determined by the court, to hold for the benefit of the conserved person,
upon such conservator or person giving such probate bond, if any, as the court orders.
(3) If any conserved person having a conservator dies, the conserved person's property
other than property which has accrued from the sale of the conserved person's real
property shall be delivered to the conserved person's executor or administrator. The
unexpended proceeds of the conserved person's real property sold as aforesaid shall go
into the hands of the executor or administrator, to be distributed as such real property
would have been.

(b) (1) In any case under subsection (a) of this section the conservator shall file in
the court the conservator's final account, and the court shall audit the account and allow
the account if it is found to be correct. If the conserved person is living, the conserved
person and the conserved person's attorney, if any, shall be entitled to notice by first
class mail of any hearing held on the final account. (2) The court of probate having
jurisdiction shall send written notice annually to the conserved person and the conserved
person's attorney that the conserved person has a right to a hearing under this section.
Upon receipt of request for such hearing the court shall set a time and date for the hearing,
which date shall not be more than thirty days from the receipt of the request unless
continued for cause shown.

(c) The court shall review each conservatorship not later than one year after the
conservatorship was ordered, and not less than every three years after such initial one-year review. After each such review, the court shall continue, modify or terminate the
order for conservatorship. The court shall receive and review written evidence as to the
condition of the conserved person. The conservator and a physician licensed to practice
medicine in this state shall each submit a written report to the court within forty-five
days of the court's request for such report. On receipt of a written report from the conservator or a physician, the court shall provide a copy of the report to the conserved person
and the attorney for the conserved person. If the conserved person is unable to request
or obtain an attorney, the court shall appoint an attorney. If the conserved person is
unable to pay for the services of the attorney, the reasonable rates of compensation of
such attorney shall be established by, and the attorney shall be paid from funds appropriated to, the Judicial Department. If funds have not been included in the budget of the
Judicial Department for such purposes, such rates of compensation shall be established
by the Probate Court Administrator and the attorney shall be paid from the Probate Court
Administration Fund. The physician shall examine the conserved person within the
forty-five-day period preceding the date of submission of the physician's report. Any
physician's report filed with the court pursuant to this subsection shall be confidential.
The court may issue an order for the disclosure of medical information required pursuant
to this subsection, except that the court shall issue an order for the disclosure of medical
information to the conserved person's attorney. Not later than thirty days after receipt
of the conservator's report and the physician's report, the attorney for the conserved
person shall notify the court that the attorney has met with the conserved person and
shall inform the court as to whether a hearing is being requested. Nothing in this section
shall prevent the conserved person or the conserved person's attorney from requesting
a hearing at any other time as permitted by law.

(d) If the court finds, after receipt of the reports from the attorney for the conserved
person, the physician and the conservator, by clear and convincing evidence, that the
conserved person continues to be incapable of managing his or her affairs or continues
to be incapable of caring for himself or herself, as the case may be, and that there are
no less restrictive means available to assist the conserved person in managing his or her
affairs or caring for himself or herself, as the case may be, the court shall continue or
modify the conservatorship under the terms and conditions of the appointment of the
conservator under section 45a-650. If the court does not make such a finding of continued
incapacity by clear and convincing evidence, the court shall terminate the conservatorship. A hearing on the condition of the conserved person shall not be required under
this subsection, except that the court may hold a hearing in its discretion and shall hold
a hearing if the conserved person, conserved person's attorney or conservator requests
a hearing, in which case the court shall hold a hearing within thirty days of such request.

History: 1967 act deleted requirement for "public notice", requiring only such notice as court prescribes; P.A. 77-446
rephrased provisions to distinguish between person's ability to care for himself and his ability to manage his affairs and
added provision requiring that ward, if living, and his attorney be entitled to notice of any hearing on any final account;
P.A. 80-476 rephrased provisions and substituted "property" for "estate"; P.A. 84-271 required the court of probate to
send written notice annually to the ward or his or her attorney of the right to a hearing, to set a time and date for a hearing
upon request, and to hold a hearing at least once in every five-year period; P.A. 86-195 added provision re notice of hearing
once every five years by certified mail, return receipt requested, in lieu of personal service; P.A. 87-97 divided section
into Subsecs. added provision re termination of conservatorship if ward has no remaining assets except for amount allowed
under Subsec. (c) of Sec. 17-82d and distribution of such assets; P.A. 87-565 amended Subsec. (a) adding "if there is no
conservator or the conservator declines or is unable to accept or the conservator is the commissioner of human resources";
Sec. 45a-77 transferred to Sec. 45a-660 in 1991; P.A. 91-71 amended Subsec. (b) by deleting language requiring that court
hold hearing at least once in every five years in manner provided in Secs. 45a-649 and 45a-650, except notice may be by
certified mail in lieu of personal service, and added Subsecs. (c) and (d) requiring conservatorship review hearings at least
every three years, receipt and review of written evidence as to condition of ward, prepared by conservator, physician and
attorney for ward, provided if court determines that there has been no change in the condition of ward since last review,
no hearing shall be required, but the court, it is discretion, may hold such hearing or such hearing shall be held upon request
of the attorney, physician or conservator; P.A. 93-262 authorized substitution of commissioner and department of social
services for commissioner and department of human resources, effective July 1, 1993; (Revisor's note: In 1997 the reference
in Subsec. (c) to "Probate Administration Fund" was changed editorially by the Revisors to "Probate Court Administration
Fund" to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (c) by changing funding of compensation of
counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included
in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 04-142 amended Subsec. (c) by adding provisions re confidentiality of physician's report filed with the court and re court order for disclosure of required medical information and by making technical
changes; P.A. 07-116 substituted "conserved person" for "ward", "first class mail" for "regular mail", and "reasonable
rates of compensation" for "reasonable compensation", amended Subsec. (a) re conserved person's ability to petition at
any time for termination of conservatorship and hearing on such petition, amended Subsec. (c) to substitute review of
conservatorship not later than one year after order, and not less than every three years after first review, for review every
three years, delete requirement that attorney for ward submit written report, provide that on receipt of written report from
conservator or physician, court shall provide copy to conserved person and attorney, and insert requirements re order for
disclosure of medical information to conserved person's attorney and notice and time of hearing, amended Subsec. (d) to
require clear and convincing evidence that conserved person continues to be incapable and there be no less restrictive
means available for care of conserved person in order for conservatorship to be continued or modified, and replace provision
re hearing held on request of physician with provision re hearing held on request of conserved person, and made technical
changes.

Sec. 45a-663. Compensation of conservator if conserved person is unable to
pay. If a conserved person is unable to pay for the services of a conservator appointed
pursuant to the provisions of sections 45a-593 to 45a-700, inclusive, the reasonable
compensation of such conservator shall be paid from the Probate Court Administration
Fund established under section 45a-82, pursuant to rules and regulations and at rates
established by the Probate Court Administrator.

PART V
GUARDIANS OF PERSONS WITH MENTAL RETARDATION

Sec. 45a-670. (Formerly Sec. 45-322). Application for guardianship. An application for guardianship may be filed by the court on its own motion or by any adult
person. The application and all records of Probate Court proceedings held as a result of
the filing of such application, except for the name of any guardian of the respondent,
shall be sealed and shall be made available only to the respondent or the respondent's
counsel or guardian, and to the Commissioner of Developmental Services or the commissioner's designee, unless the Probate Court, after hearing held with notice to the
respondent or the respondent's counsel or guardian, and to the commissioner or the
commissioner's designee, determines that such application and records should be disclosed for cause shown. An application filed by the court on its own motion shall contain
a statement of the facts on which the court bases its motion, and such statement of facts
shall be included in any notice to the respondent. Any other application filed shall allege
that a respondent, by reason of the severity of the respondent's mental retardation is
unable to meet essential requirements for the respondent's physical health and safety
and unable to make informed decisions about matters relating to the respondent's care.
Such application shall be filed in the court of probate in the district in which the respondent resides or is domiciled. Such application shall state: (1) Whether there is, in any
jurisdiction, a guardian, limited guardian, or conservator for the respondent; (2) the
extent of the respondent's inability to meet essential requirements for the respondent's
physical health or safety, and the extent of the respondent's inability to make informed
decisions about matters related to the respondent's care; (3) any other facts upon which
guardianship is sought; and (4) in the case of a limited guardianship, the specific areas
of protection and assistance required for the respondent.

History: P.A. 86-323 added provision permitting court to file an application for guardianship on its own motion, and
requiring such motion to contain statement of facts on which court bases its motion, substituted "unable to meet essential
requirements for his physical health and safety" for "incapable of caring for himself" and added requirement that application
of guardianship shall contain "any other facts upon which guardianship is sought"; Sec. 45-322 transferred to Sec. 45a-670 in 1991; P.A. 00-22 made technical changes and added provisions re disclosure of the application and records of
Probate Court proceedings; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was changed editorially by the
Revisors to "Commissioner of Developmental Services", effective October 1, 2007.

Sec. 45a-671. (Formerly Sec. 45-323). Hearing on application for guardianship. Notice. (a) Within forty-five days of the filing of such application for guardianship
in the Court of Probate, such court shall assign a time and place for hearing such application. Notwithstanding the provisions of section 45a-7, the court may hold the hearing
on the application at a place within the state other than its usual courtroom if it would
facilitate the presence of the respondent. Such court shall cause a citation and notice to
be served upon the respondent by personal service made by a state marshal, constable
or an indifferent person not less than seven days prior to such hearing date.

(b) The court shall direct notice by first class mail to the following: (1) The parents
of the respondent, provided the parents are not the applicants; (2) the spouse of the
respondent, provided the spouse is not the applicant; (3) children of the respondent, if
any; and (4) the person in charge of the hospital, nursing home, residential facility or
other institution in which the respondent may reside.

(c) The court shall order such notice as it directs to the following: (1) The applicant;
and (2) the siblings of the respondent or their representatives, if the respondent has no
living parents, and the spouse or children of the respondent.

(d) The court in its discretion may order such notice as it directs to other persons
having an interest in the respondent.

History: P.A. 84-294 changed notice requirement from "within" to "not less than" seven days prior to hearing date;
P.A. 86-323 substituted notice by certified mail to person in charge of hospital, nursing home or other institution in which
respondent may reside in lieu of personal service and required court to notify spouse or children of the respondent; Sec.
45-323 transferred to Sec. 45a-671 in 1991; P.A. 00-99 replaced reference to sheriff and deputy sheriff with state marshal
in Subsec. (a), effective December 1, 2000; P.A. 07-184 substituted "the filing of such application for guardianship" for
"filing such application" in Subsec. (a), substituted "first class mail" for "certified mail" in Subsec. (b), and made technical
changes.

Sec. 45a-674. (Formerly Sec. 45-326). Hearing for appointment of guardian.
Evidence. Report by assessment team. Cross-examination of witnesses. Payment
of fees for assessment team. At any hearing for appointment of a plenary guardian or
limited guardian of the person with mental retardation, the court shall receive evidence
as to the condition of the respondent, including a written report or testimony by a Department of Developmental Services assessment team appointed by the Commissioner of
Developmental Services or his designee, no member of which is related by blood, marriage or adoption to either the applicant or the respondent and each member of which
has personally observed or examined the respondent within forty-five days next preceding such hearing. The assessment team shall be comprised of at least two representatives
from among appropriate disciplines having expertise in the evaluation of persons alleged
to be mentally retarded. The assessment team members shall make their report on a
form provided for that purpose by the Office of the Probate Court Administrator and
shall answer questions on such form as fully and completely as possible. The report
shall contain specific information regarding the severity of the mental retardation of
the respondent and those specific areas, if any, in which he needs the supervision and
protection of a guardian, and shall state upon the form the reasons for such opinions.
The applicant, respondent or his counsel shall have the right to present evidence and
cross-examine witnesses who testify at any hearing on the application. If such respondent
or his counsel notifies the court not less than three days before the hearing that he wishes
to cross-examine the witnesses, the court shall order such witnesses to appear. The fees
for such assessment team shall be paid from funds appropriated to the Department of
Developmental Services.

History: P.A. 86-323 substituted "plenary guardian" for "guardian of the mentally retarded person", substituted an
examination by department of mental retardation assessment team in lieu of physician and psychologist, and required
examination within 45 days of hearing, and replaced previous provisions re payment of fees by petitioner or mental
retardation department if petitioner is indigent with new provision; Sec. 45-326 transferred to Sec. 45a-674 in 1991;
(Revisor's note: In 1997 a reference to "Commissioner of the Department of Mental Retardation" was replaced editorially
by the Revisors with "Commissioner of Mental Retardation" for consistency with customary statutory usage); P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person"; P.A. 04-211 changed from three to two the
minimum number of assessment team members; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and
"Department of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective October 1, 2007.

Sec. 45a-676. (Formerly Sec. 45-328). Appointment of plenary guardian or
limited guardian. (a) If the court finds, by clear and convincing evidence, that the
respondent is, by reason of the severity of the respondent's mental retardation, totally
unable to meet essential requirements for the respondent's physical health or safety and
totally unable to make informed decisions about matters related to the respondent's care,
the court shall appoint a plenary guardian or plenary coguardians of the person with
mental retardation who shall have all those powers and duties provided for in section
45a-677.

(b) If the court finds by clear and convincing evidence that the respondent is able
to do some, but not all, of the tasks necessary to meet essential requirements for the
respondent's physical health or safety or that the respondent is able to make some, but
not all, informed decisions about matters related to the respondent's care, the court shall
appoint a limited guardian or limited coguardians of the person with mental retardation.

(c) For the purposes of sections 45a-669 to 45a-684, inclusive, and 46b-38ii, any
alleged inability of the respondent must be evidenced by recent behavior that would
cause harm or create a risk of harm, by clear and convincing proof.

(d) The court shall take from any such plenary guardian or limited guardian a written
acceptance of such guardianship and, if the court deems it necessary for the protection
of the respondent, a probate bond.

(e) The court shall make written findings of fact that support each grant of authority
to the plenary guardian or limited guardian. If the court in reaching its conclusion is
relying on incidents of behavior that occurred more than six months prior to the date of
hearing, the court findings shall include its reasoning for relying upon such incidents.

(f) In selecting a plenary guardian or limited guardian of the person with mental
retardation, the court shall be guided by the best interests of the respondent, including,
but not limited to, the preference of the respondent as to who should be appointed as
plenary guardian or limited guardian.

(g) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by the Department of Developmental Services, except that (1) no such employee may be appointed as a plenary guardian or
limited guardian of a person with mental retardation residing in a state-operated residential facility for persons with mental retardation located in the Department of Developmental Services region in which such person is employed; and (2) no such employee
shall be so appointed unless no other suitable person to serve as plenary guardian or
limited guardian can be found. Any appointment of an employee of the Department of
Developmental Services as a plenary guardian or limited guardian shall be made for a
limited purpose and duration. During the term of appointment of any such employee,
the Commissioner of Developmental Services shall search for a suitable person who is
not an employee of the department to replace such employee as plenary guardian or
limited guardian.

(h) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is employed by a private facility funded or licensed by
the Department of Developmental Services, except that (1) no such employee may be
appointed as a plenary guardian or limited guardian of a person with mental retardation
residing in a residential facility in which such employee is employed, and (2) no such
employee shall be so appointed unless no other suitable person to serve as plenary
guardian or limited guardian can be found.

(i) No person shall be excluded from serving as a plenary guardian or limited guardian solely because such person is licensed by the Department of Developmental Services
to operate a community training home, except that (1) no such licensee, nor any of such
licensee's relatives or household members, may be appointed as a plenary guardian or
limited guardian of a person with mental retardation residing in a community training
home operated by such licensee, and (2) no such licensee shall be so appointed unless
no other suitable person to serve as plenary guardian or limited guardian can be found.

History: P.A. 83-420 amended Subsec. (e) re appointment of employee of the department of mental retardation as
guardian or limited guardian of a mentally retarded person; P.A. 85-310 added references to coguardians and limited
coguardians; P.A. 86-323 substituted "meet essential requirements for his physical health or safety" for "care for himself
or his personal affairs"; added "plenary" before "guardian", added provision requiring alleged inability of respondent to
be evidenced by recent behavior which would cause harm or create risk of harm, by clear and convincing proof; deleted
requirement that court make and furnish findings upon request of respondent and added provision requiring written findings
of fact for each grant of authority to guardian and if incidents of behavior recurred more than six months before hearing,
court must include reasons for relying on such incidents; Sec. 45-328 transferred to Sec. 45a-676 in 1991; P.A. 03-51
substituted "person with mental retardation" for "mentally retarded person" in Subsecs. (a), (b) and (f); P.A. 04-257 made
technical changes in Subsec. (f), effective June 14, 2004; (Revisor's note: In 2005, a reference in Subsec. (c) to Sec. 45a-668 was changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); P.A. 05-10 amended Subsec. (c) to add reference to Sec. 46b-38ii and make a technical change; P.A. 05-288 made technical changes
in Subsec. (c), effective July 13, 2005; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department
of Mental Retardation" were changed editorially by the Revisors to "Commissioner of Developmental Services" and
"Department of Developmental Services", effective October 1, 2007; P.A. 07-238 made technical changes in Subsecs. (a),
(b), (c) and (e), redesignated provisions allowing employees of Department of Developmental Services to serve as plenary
or limited guardians as Subsec. (g), added Subsec. (h) allowing persons employed by private facilities funded or licensed by
department to serve as plenary or limited guardians under certain circumstances and added Subsec. (i) allowing community
training home licensees to serve as plenary or limited guardians under certain circumstances.

(b) A limited guardian may also be assigned the duty to assist the respondent in
those particular areas in which the capacity of the respondent to meet the essential
requirements of such respondent's physical or mental health or safety, protect such
respondent's rights, obtain necessary services, or to fulfill such respondent's civil duties
is impaired, as well as in other ways not specifically prohibited by sections 45a-669 to
45a-684, inclusive.

(c) A limited guardian of a person with mental retardation shall have only such of
the duties and responsibilities and powers of a guardian of a person with mental retardation under subsection (d) of this section as the court shall specify based upon its findings
with regard to the individual need of the respondent for supervision. The guardian shall
have the duty to report to the probate court which appointed such limited guardian at
least annually the condition of the respondent. The preceding duties, responsibilities
and powers shall be carried out within the limitations of the resources available to the
ward, either through the ward's own estate or by reason of private or public assistance.

(d) The court may assign to a limited guardian the custody of the ward for the
purpose of exercising any, but not all, of the following limited duties and powers, in
order to assist the ward in achieving self-reliance: (1) To assure and consent to a place
of abode outside the natural family home, (2) to consent to specifically designed educational, vocational or behavioral programs, (3) to consent to the release of clinical records
and photographs, (4) to assure and consent to routine, elective and emergency medical
and dental care, and (5) other specific limited powers to assure and consent to services
necessary to develop or regain to the maximum extent possible the ward's capacity to
meet essential requirements. All plenary guardians and limited guardians appointed
pursuant to sections 45a-669 to 45a-684, inclusive, shall also have a duty to assure the
care and comfort of the ward within the limitations of their appointment, and within the
limitations of the resources available to the ward either through the ward's own estate
or by reason of private or public assistance.

(e) A plenary guardian or limited guardian of a person with mental retardation shall
not have the power or authority: (1) To cause the ward to be admitted to any institution
for treatment of the mentally ill, except in accordance with the provisions of sections
17a-75 to 17a-83, inclusive, 17a-456 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, 17a-615 to 17a-618,
inclusive, and 17a-621 to 17a-664, inclusive, and chapter 420b; (2) to cause the ward
to be admitted to any training school or other facility provided for the care and training
of persons with mental retardation if there is a conflict concerning such admission between the guardian and the person with mental retardation or next of kin, except in
accordance with the provisions of sections 17a-274 and 17a-275; (3) to consent on behalf
of the ward to a sterilization, except in accordance with the provisions of sections 45a-690 to 45a-700, inclusive; (4) to consent on behalf of the ward to psychosurgery, except
in accordance with the provisions of section 17a-543; (5) to consent on behalf of the
ward to the termination of the ward's parental rights, except in accordance with the
provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive,
45a-724 to 45a-737, inclusive, and 45a-743 to 45a-757, inclusive; (6) to consent on
behalf of the ward to the performance of any experimental biomedical or behavioral
medical procedure or participation in any biomedical or behavioral experiment, unless
it (A) is intended to preserve the life or prevent serious impairment of the physical health
of the ward, (B) is intended to assist the ward to regain the ward's abilities and has
been approved for the ward by the court, or (C) has been (i) approved by a recognized
institutional review board, as defined by 45 CFR 46, 21 CFR 50 and 21 CFR 56, as
amended from time to time, which is not a part of the Department of Developmental
Services, (ii) endorsed or supported by the Department of Developmental Services, and
(iii) approved for the ward by such ward's primary care physician; (7) to admit the
ward to any residential facility operated by an organization by whom such guardian is
employed, except in accordance with the provisions of section 17a-274; (8) to prohibit
the marriage or divorce of the ward; and (9) to consent on behalf of the ward to an
abortion or removal of a body organ, except in accordance with applicable statutory
procedures when necessary to preserve the life or prevent serious impairment of the
physical or mental health of the ward.

(f) A plenary guardian or limited guardian shall submit a report to the court: (1)
Annually; (2) when the court orders additional reports to be filed; (3) when there is a
significant change in the capacity of the ward to meet the essential requirements for the
ward's physical health or safety; (4) when the plenary guardian or limited guardian
resigns or is removed; and (5) when the guardianship is terminated.

(g) Such reports shall be submitted on a form provided by the Office of the Probate
Court Administrator and shall contain the following information: (1) Significant changes
in the capacity of the ward to meet the essential requirements for the ward's physical
health or safety; (2) the services being provided to the ward and the relationship of those
services to the individual guardianship plan; (3) the significant actions taken by the
limited guardian of a person with mental retardation or plenary guardian of a person
with mental retardation during the reporting period; (4) any significant problems relating
to the guardianship which have arisen during the reporting period; and (5) whether
such guardianship, in the opinion of the guardian, should continue, be modified, or be
terminated, and the reasons therefor.

(h) When any person with mental retardation for whom a guardian has been appointed becomes a resident of any town in the state in a probate district other than the
one in which a guardian was appointed, or becomes a resident of any town in the state
to which the guardianship file has been transferred under this section, such court in that
district may, upon motion of any person deemed by the court to have sufficient interest
in the welfare of the respondent, including, but not limited to, the guardian, the Commissioner of Developmental Services or the commissioner's designee, or a relative of the
person under guardianship, transfer the file to the probate district in which the person
under guardianship resides at the time of the application, provided the transfer is in
the best interest of the person with mental retardation. A transfer of the file shall be
accomplished by the probate court in which the guardianship matter is on file by making
copies of all documents in the court and certifying each of them and then causing them
to be delivered to the court for the district in which the person under guardianship resides.
When the transfer is made, the court of probate in which the person under guardianship
resides at the time of transfer shall thereupon assume jurisdiction over the guardianship
and all further accounts shall be filed with such court.

(i) A plenary guardian or limited guardian of a person with mental retardation and,
to the extent appropriate, such person shall be the primary decision maker with respect
to programs needed by such person and policies and practices affecting the well-being
of such person within the authority granted by the court pursuant to this section, provided
any such decision does not conflict with the requirements of section 17a-238. In making
any such decision, the plenary guardian or limited guardian shall consult with the ward
and appropriate members of the ward's family, where possible. A limited guardian shall
be the primary decision maker only with respect to such duties assigned to the limited
guardian by the court. The provisions of this subsection shall be included in any court
order appointing a plenary guardian or limited guardian of a person with mental retardation.

History: P.A. 83-420 amended Subsec. (e)(1) by adding language re conflict between guardian and mentally retarded
person or next of kin concerning admission and added Subsec. (e)(6) re admission by employee of department of mental
retardation and right to notice and probate court review of persons voluntarily admitted by their guardians pursuant to Sec.
19a-455; P.A. 85-310 amended Subsec. (d) adding "or more limited powers as the court deems appropriate" and added
Subsec. (h) re transfer of file of mentally retarded person for whom a guardian has been appointed from one probate court
to another; P.A. 86-323 deleted provisions of Subsec. (d) re duties of guardian assigned by court and substituted provision
re powers of limited guardian assigned by court, deleted provisions of Subsec. (e) re power or authority that limited guardian
or guardian of the mentally retarded person shall not have, and substituted new provision re power or authority that
plenary or limited guardian of mentally retarded person shall not have, substituted "plenary" for "guardian" and "ward"
for "respondent", and in Subsec. (h), deleted "the court of probate in which the guardian was appointed shall" and substituted
"or becomes a resident of any town in the state to which the guardianship file has been transferred under this section, such
court in that district may" and permitted transfer of file on motion of guardian; Sec. 45-329 transferred to Sec. 45a-677 in
1991; P.A. 94-27 amended Subsec. (e) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994;
P.A. 98-250 amended Subsec. (d) by replacing reference to placement in licensed and unlicensed facilities with reference
to placement "outside the natural family home", deleting "habilitative" and adding "vocational or behavioral" to programs,
deleting former Subdivs. (5) re consent to programs and (7) re consent to elective and emergency medical and dental care,
including anesthesia, and made technical changes, including renumbering Subdivs., effective July 1, 1998; P.A. 99-41
amended Subsec. (d)(4) by adding "elective and emergency" before "medical and dental care", effective May 27, 1999;
P.A. 01-140 made technical changes in Subsecs. (a) to (h) and added new Subsec. (i) re primary decision maker; P.A. 02-58 amended Subsec. (e)(6) by designating existing exceptions as Subparas. (A) and (B) and adding Subpara. (C) re exception
for procedure or experiment approved by recognized institutional review board, endorsed or supported by department and
approved by primary care physician; P.A. 03-51 substituted "person with mental retardation" for "mentally retarded person"; P.A. 03-278 made technical changes in Subsecs. (e) and (f), effective July 9, 2003; P.A. 04-257 made a technical
change in Subsec. (e)(2), effective June 14, 2004; (Revisor's note: In 2005, references in Subsecs. (b) and (d) to Sec. 45a-668 were changed editorially by the Revisors to Sec. 45a-669 to reflect the repeal of Sec. 45a-668 by P.A. 04-54); pursuant
to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were changed editorially
by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services", effective
October 1, 2007.

Sec. 45a-681. (Formerly Sec. 45-333). Review by court of guardianship or limited guardianship of person with mental retardation. (a) The court shall review each
guardianship of the person with mental retardation or limited guardianship of the person
with mental retardation at least every three years and shall either continue, modify or
terminate the order for guardianship. (1) The court shall receive and review written
evidence as to the condition of the ward. Except as provided in subdivision (2) of this
subsection, the guardian, the attorney for the ward and a Department of Developmental
Services professional or, if requested by the ward or by the court, an assessment team
appointed by the Commissioner of Developmental Services or his designee shall each
submit a written report to the court not later than forty-five days after the court's request
for such report. (2) In the case of a ward who is functioning adaptively and intellectually
within the severe or profound range of mental retardation, as determined by the Department of Developmental Services, the court shall receive and review written reports as
to the condition of the ward only from the guardian and the attorney for the ward,
provided the court may require a Department of Developmental Services professional
or assessment team to submit a written report as to the condition of such ward. Each
written report shall be submitted to the court not later than forty-five days after the
court's request for such report. (3) If the ward is unable to request or obtain an attorney,
the court shall appoint an attorney for the ward. If the ward is unable to pay for the
services of the attorney, the reasonable compensation of such attorney shall be established by, and paid from funds appropriated to, the Judicial Department; however, if
funds have not been included in the budget of the Judicial Department for such purposes,
such compensation shall be established by the Probate Court Administrator and paid
from the Probate Court Administration Fund. The Department of Developmental Services professional or assessment team shall personally observe or examine the ward
within the forty-five-day period preceding the date of submission of its report.

(b) If the court determines, after receipt of the reports from the attorney for the ward,
the Department of Developmental Services professional or assessment team and the
guardian, that there has been no change in the condition of the ward since the last preceding review by the court, a hearing on the condition of the ward shall not be required,
but the court, in its discretion, may hold such hearing. If the attorney for the ward, the
Department of Developmental Services professional or assessment team or the guardian
requests a hearing, the court shall hold a hearing within thirty days of such request. No
order expanding or reducing the powers and responsibilities of a guardian shall be issued
unless such hearing is held.

History: Sec. 45-333 transferred to Sec. 45a-681 in 1991; P.A. 91-71 divided section into Subsecs. (a) and (b), deleted
language requiring that court hold hearing pursuant to Secs. 45a-671 to 45a-677, inclusive, deleted language prohibiting
expansion of powers and responsibilities of guardian unless hearing is held, and added provision requiring receipt and
review of written evidence as to condition of ward, prepared by conservator, attorney for ward and a department of mental
retardation assessment team, provided if court determines that there has been no change in the conditions of ward since
last review, no hearing shall be required, but the court, in its discretion, may hold such hearing or such hearing shall be
held upon request of the attorney, conservator or the department of mental retardation assessment team and prohibiting
expansion or reduction of powers and responsibilities of guardian unless such hearing is held; (Revisor's note: In 1997 a
reference in Subsec. (a) to "Probate Administration Fund" was changed editorially by the Revisors to "Probate Court
Administration Fund" to conform section to Sec. 45a-82); P.A. 96-170 amended Subsec. (a) by changing funding of
compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless
funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective
date of P.A. 96-170 but without affecting this section; P.A. 98-250 added "professional" to "assessment team" and required
request by the ward or the court for an assessment team report, effective July 1, 1998; P.A. 03-51 substituted "person
with mental retardation" for "mentally retarded person" in Subsec. (a); P.A. 04-211 amended Subsec. (a) to add Subdiv.
designators and new provision as Subdiv. (2), requiring written reports re ward functioning adaptively and intellectually
within severe or profound range of mental retardation only from guardian and attorney for ward unless court requires report
from Department of Mental Retardation professional or assessment team, and to make conforming and technical changes;
pursuant to P.A. 07-73 "Commissioner of Mental Retardation" and "Department of Mental Retardation" were changed
editorially by the Revisors to "Commissioner of Developmental Services" and "Department of Developmental Services",
effective October 1, 2007.

Sec. 45a-682. (Formerly Sec. 45-334). Application for temporary limited
guardian. Notice and hearing. Appointment. (a) An application for a temporary limited guardian may be filed by any interested party alleging that the respondent is in need
of elective surgical, medical or dental procedures or treatment involving the use of
general anesthesia, and that by reason of the severity of his mental retardation, he is
unable to give informed consent to such treatment. Such application shall include two
certificates, one signed by a physician licensed to practice medicine or surgery in this
state, and one signed by a licensed psychologist stating that each has, within thirty days
prior to the filing of the application, examined the respondent and in his opinion (1)
the respondent's condition renders him incapable of giving informed consent to said
procedure and (2) without such treatment, the respondent will suffer deterioration of
his physical or mental health or serious discomfort.

(b) Immediately upon receipt of the application, the court shall order such notice
of the application and the date and time of hearing as it may direct to the respondent,
the respondent's parents or spouse, if any, and to the Office of Protection and Advocacy
for Persons with Disabilities. A hearing shall be held promptly, taking into consideration
the condition of the respondent. If, after hearing, the court finds that the respondent
by reason of the severity of the respondent's mental retardation is incapable of giving
informed consent to such procedure, and that the respondent will suffer deterioration
of the respondent's physical or mental health or serious discomfort if such procedure
or treatment, or both, is not ordered, the court may appoint a temporary limited guardian
for the purpose of consenting to such procedure or treatment, or both. In making such
appointment, the court shall give preference to the parent, next of kin or other person
whom the court deems proper. The court may appoint the Commissioner of Developmental Services, or the commissioner's designee, to serve in such capacity if it is unable
to find a suitable guardian. The appointment shall not be valid for more than sixty
days. A temporary limited guardian shall be subject to all limitations set forth in section
45a-677.

History: P.A. 85-523 amended Subsec. (b) increasing duration of appointment of a temporary limited guardian from
not more than 30 days to not more than 60 days; P.A. 86-323 deleted "immediate" before "deterioration" and added "or
serious discomfort" in description of respondent's condition and required that hearings be held promptly taking respondent's
condition into consideration; Sec. 45-334 transferred to Sec. 45a-682 in 1991; P.A. 03-278 made technical changes in
Subsec. (b), effective July 9, 2003; pursuant to P.A. 07-73 "Commissioner of Mental Retardation" was changed editorially
by the Revisors to "Commissioner of Developmental Services", effective October 1, 2007.

PART VI
STERILIZATION

Sec. 45a-692. (Formerly Sec. 45-78r). Application for determination of ability
to give informed consent to sterilization. An application for a determination of a
person's ability to give informed consent to a sterilization procedure may be filed by
the person seeking sterilization, the attending physician of the person seeking sterilization, by the director of the institution, or by an interested party and shall state the reason
for seeking such determination. Such application shall be filed in the court of probate
in the district in which the respondent resides or is domiciled. The application and all
records of probate court proceedings held as a result of the filing of such application,
except for the name of any guardian of the respondent, shall be sealed and shall be made
available only to the respondent or the respondent's counsel or guardian, and to the
Commissioner of Developmental Services or the commissioner's designee, unless the
Probate Court, after hearing held with notice to the respondent or the respondent's counsel or guardian, and to the commissioner or the commissioner's designee, determines
that such application and records should be disclosed for cause shown.

(P.A. 79-543, S. 3, 14; P.A. 00-22, S. 3; P.A. 07-73, S. 2(b).)

History: Sec. 45-78r transferred to Sec. 45a-692 in 1991; P.A. 00-22 made a technical change and added provisions re
disclosure of the application and records of Probate Court proceedings; pursuant to P.A. 07-73 "Commissioner of Mental
Retardation" was changed editorially by the Revisors to "Commissioner of Developmental Services", effective October
1, 2007.

(b) A writ of habeas corpus shall be directed to the guardian of the person or the
estate of the ward or to the conservator of the conserved person and if illegality or
invalidity of the guardianship or involuntary representation is alleged in such writ, a
copy shall also be directed to the judge of the court that issued the order as to such claim.

(c) An application for a writ of habeas corpus under this section shall be brought
to either the Superior Court or the Court of Probate.

(d) If such application has been brought in the Court of Probate, the Probate Court
Administrator shall appoint a three-judge court to hear such application from among
the judges of probate who are approved to hear such applications by the Chief Justice
of the Supreme Court. The judge of the court of probate who issued the order shall not
be a member of the three-judge court. No such application shall be denied without the
vote of at least two judges of the three-judge court. The judges of such three-judge court
shall designate a chief judge from among their members. The three-judge court shall
cause a recording to be made of all proceeding held under this section. The recording
shall be part of the court record and shall be made and retained in a manner approved
by the Probate Court Administrator. All records for any case before the three-judge
court shall be maintained in the court of probate in which the conservator or guardian
was appointed.

(e) Hearing under this section shall be heard not later than ten days, excluding Saturdays, Sundays and holidays, after return of service of the writ.

(f) If the court or judge before whom such a writ is brought decides that the guardianship or involuntary representation is not illegal, such decision shall be considered a final
judgment and subject to appeal.

(g) If the court or judge before whom such case is brought decides that the guardianship or involuntary representation is not illegal, such decision shall not bar issuance of
such a writ again, provided it is claimed that such person is no longer subject to the
condition for which the person was conserved or such application is based on a ground
different from that relied on in an earlier application. Such writ may be applied for by
an individual subject to guardianship or involuntary representation or on the behalf of
such individual by any relative, friend or person interested in such individual's welfare.

(h) An appeal to the Superior Court of a decision rendered by a three-judge court
under this section shall be filed in the judicial district in which the court of probate that
issued the order appointing a guardian or conservator is located. Such appeal shall be
heard not later than thirty days of the return of service of the appeal.